THE DISTRICT COURT RULES OF NASARAWA STATE

LAWS OF NASARAWA STATE OF NIGERIA

State Laws

Attorney-General

State Website

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THE DISTRICT COURT RULES OF NASARAWA STATE

LAWS OF NASARAWA STATE OF NIGERIA

 

ARRANGEMENT OF RULES

ORDER

1. Title
2. Form and commencement of action

III.     Write of summons and procedure.

1. Service of process.
2. Default summonses
3. Proof of process

VII.    Parties

VIII.   Infants and persons of unsound mind

1. Alteration of parties.
2. Transfer.
3. Consolidation and test cases.

XII.    Sitting of court and audience.

XIII.   Enlargement and abridgment of times.

XIV.   Amendment.

1. Interlocutory applications

XVI.   Injunctions, etc

XVII. Confessing and entering up judgment.

XVIII. Security for costs.

XIX.   Payment into court

1. Interim attachment of property.

XXI.   Witnesses.

XXII. Affidavits and documentary evidence.

XXIII. Procedure when both parties appear.

XXIV. Procedure when only one party appears

XXV.   Judgments.

XXVI. Costs

XXVII. Appeals to the High court

XXVIII. Case stated under section 78

XXIX. Recording of proceedings and use of forms.

XXX.   Fees of court and allowances to witnesses

XXXI. Custody of money in court.

XXXII. Miscellaneous provisions.

FIRST SHEDULE

SECOND SHEDULE

 

THE DISTRICT COURT RULE N.R.L.N.

101 of 1960, N.N.L.N. 153 of 1963 (section 89)

 

Date of commencement: 30th September, 1960

 

ORDER I- TITLE

These rules may be cited as the District Courts Rules

ORDER II – FORM AND COMMENCEMENT OF ACTION

1. On the application of any person desirous of instituting proceedings and on payment of the prescribed fees, the registrar of the court shall enter in a book to be kept for this purpose in his office and called the Cause Book a statement in writing hereinafter called a plaint, stating the names and last known places of abode of the parties and the substance of the action intended to be brought and every one of such plaints shall be numbered in every year according to the order in which it shall be entered, and the registrar shall deliver to the applicant a plaint note.

2.(1) The court shall refuse to entertain a plaint where such plaint, on the face of it, discloses no cause of action, or is in respect of a matter not within the jurisdiction of the court, or where the complainant fails to state his address, and the registrar shall enter such refusal together with the grounds thereof in the Cause Book.

(2)     Any person aggrieved with a decision of the Court under this rule may appeal against such decision as if it were an order of the court.

(3)     The refusal to entertain a plaint under this section shall not by reason only of such refusal preclude the plaintiff from presenting a fresh plaint in respect of the same cause of action.

3. A plaintiff may unite in the same suit several causes of action, but the court, if it thinks that such causes of action or some of them cannot be conveniently tried together, may order separate trials.
4. A plaintiff may not split or divide any cause of action for the purpose of bringing two or more actions in any court.
5. (1) When the debt, damage or demand exceeds the amount in respect of which the District Judge has jurisdiction, the plaintiff may abandon the excess and thereupon the court shall have jurisdiction to hear and determine the action, so, however, that the plaintiff shall not recover in the action an amount exceeding the amount of the jurisdiction of the District Judge concerned.

(2)     Where a court has jurisdiction to hear and determine an action by virtue of this rule, the judgment of the court in the action shall be in full discharge of all demands in respect of the cause of action, and entry of the judgment shall be made accordingly.

6. In the court of any plaint note being lost or destroyed a duplicate thereof may be issued from time to time upon proof by affidavit to the satisfaction of the court of the loss or destruction.

 

ORDER III – WRIT OF SUMMONS AND PROCEDURE

1. Upon entering a plaint the court shall thereupon, subject to the provisions of Order II, issue a summons directed to the defendant, requiring him to appear at a certain time, being not less than seven days from the date of the service of such summons, and at a certain place, before the court to answer to the plaint
2. Subject to the provisions of the District Court Law fixing the times and places for sitting of the court the District Judge shall, in his discretion, fix the time for appearance by the defendant.
3. In case a summons issued for the commencement of a cause or matter is not served within a year from the date thereof, the same shall become void, but the court may, at any time before the expiration of the current period, from time to time renew the same for a further period not exceeding six months at any one time.
4. Where a plaintiff taking out a summons, either alone or jointly with any other person, is ordinarily resident out of the particular jurisdiction of the court, or only temporarily therein, he shall inform the court of an address within the district of the court where notices and other papers issuing from the court may be served upon him.
5. No misnomer or inaccurate description of any person or place in any plaint or summons shall vitiate the same, if the person or place is therein described so as to be commonly known:

Provided that if any such misnomer or inaccurate description appears to the court at the hearing to be such that the defendant has thereby been deceived or misled, the court may take any necessary amendment, and, if it is expedient to do so, adjourn the further hearing of the case, upon such terms as it may think fit.

 

ORDER IV – SERVICE OF PROCESS

1. All summonses or other process of whatever description shall be sufficiently addressed for execution by being directed –

(a)     To the sheriff; or

(b)     To a person by name; or

(c)     To any police officer; or

(d)     To officers of the High Court or District Courts; or

(e)     To a native authority; or

(f)      To a native court

2. The court may in any case, for reasons which shall even to it sufficient, direct any summons to be served or process to be executed by a special bailiff, who for the time being shall have the privileges and liabilities of an officer of the court. The expenses of such special bailiff shall be defrayed by the party on whose application he is appointed, unless the court in any case sees reason to order otherwise.
3. (1) Subject to the provisions of the Law and of any other written law, service of a summons shall be effected by delivering the summons together with copy of the plaint annexed thereto –
4. a) If on an individual to him personally;
5. b) If on a firm or corporation

(i)      To one of the partners; or

(ii)     To a director; or

(iii)    To the secretary; or

(iv)    To the chief agent within the jurisdiction; or

(v)     By leaving the same at the principal place of business of the firm or corporation; or

(vi)    To anyone having at the time of service control of the business of the firm or corporation.

1. c) If on authority having at the time of service control of the business of the firm or corporation.
2. d) If on a person under disability as defined in rule 1 of Order VIII –

(i)      In the case of an infant who is not a lunatic, on his father or guardian or, if he has no father or guardian, on the person with whom he resides or in whose care he is;

(ii)     In the case of a lunatic so found by inquisition, on his committee, and in the case of a lunatic not so found, on the person with whom he resides or in whose care he is.

Provided that the court may order that any summons which has been, or is to be, served on the person under disability.

(2)     Where service has been effected by leaving a summons to be served at an address given by the plaintiff and the court is doubtful that the defendant has actual knowledge of such summons the court may require the plaintiff to satisfy it that the summons has in fact come to the knowledge of the defendant.

(3)     The provisions of this rule shall, with the necessary modification as to the document, apply to any process of whatever description.

4. Where it appears to the court either with or without an attempt at service in accordance with the provisions of rule 3, that for any reason such service in respect of any process whatsoever cannot conveniently be effected, the court, after being satisfied by affidavit that it is necessary so to do, may order that service be effected –

(a)     By delivery thereof to some person being an agent of the person to be served, or to some other person on it being proved that there is reasonable probability that the document would in the ordinary course, through that agent or other person, come to the knowledge of the person to be served; or

(b)     By advertisement in the Federal Gazette or in the Northern Nigeria Gazette or in some newspaper circulating within the jurisdiction; or

(c)     By notice put up at the court house or some other place of public resort of the district wherein proceedings in respect of which the service is made have been instituted, or at the usual or last known place of abode, or of business, of the person to be served; or

(d)     By affixing the document to the usual or last known place of abode or business of the person to be served; or

(e)     In such other manner as the court may direct, and upon compliance with such other order such service shall be deemed to be good and sufficient service of the said document upon the person to be served.

5. When a party to be served is in the service of the Government or of a corporation established by any Act or Law, the court may transmit a duplicate of the document to be served to the head officer of the department in which such party is employed, for the purpose of being served on him, if it shall appear to the court that it may be most conveniently so served, and such head officer shall cause the same to be served on the proper party accordingly.
6. (1) No summons for service on a defendant out of the district of the court issuing the summons shall issue without the leave of that court.

(2)     Every application to such leave may be made either in open court or in chambers and where an application is granted an entry to that effect shall be made by the Registrar in the Cause Book.

(3)     Every application shall be supported by affidavit or other evidence showing.

1. a) That the plaintiff has prima facie a good cause of action;
2. b) In what place the defendant is or may probably be found;
3. c) The grounds on which the acquisition is made;
4. d) That the proceedings have been commenced in the nearest court within the district in which –

(i)      The defendant or one of the defendants resided or carried on his business at the time of commencing the action; or

(ii)     The cause of action or claim arose wholly or in part; or

(iii)    The land, person or thing that is the subject-matter of proceedings is.

(4)     In dealing with any such application the court shall consider whether it has jurisdiction in respect of the case and shall also consider whether it will be proper to report the case to a judge for transfer to him, and, if he thinks fit, adjourn the application pending the decision of the judge.

(5)     Leave shall not be granted unless it appears to the court that the case is a proper one for service out of the district of the court issuing the summons.

(6)     where leave is granted the time and place for the defendant’s appearance shall be appointed for insertion in the summons to issue, such time to depend upon the place where the summons is to be served.

7.(1) When an application for service out of the district of the court using the summons has been granted the court granting such application shall cause a copy of the plaint and the summons and a copy thereof directed to the defendant to be sent for service to a court within the district in which service is to be effected.

(2)     When any order as to any particular form of service has been made a copy of such order shall be sent with the summons.

(3)     The court effecting service shall after having effected service endorse the summons for service and return the copy to the issuing court duly endorsed in accordance with the provisions of Order VI and countersigned by the District Judge.

8. An order for service may be varied from time to time with respect to the mode of service directed by the order.
9. A book shall be kept at every court for recording service of process, in such form as may be prescribed, in which shall be entered by the officer serving the process, or by the registrar, the names of the plaintiff or complainant and defendant, the particular court issuing the process, the method, whether personal or otherwise, of the service, and the manner in which the person serving ascertained that he served the process on the right person, and where any process shall not have been duly served, then the cause of failure shall be stated; and every entry in such book or an office copy of any entry shall be prima facie evidence of the several matters herein stated.

 

ORDER V – DEFAULT SUMMONSES

1. (1) In any action in a District court for a dept or liquidate in action money demand, the plaintiff may, at his option, cause to be issued for debt plaintiff a summons in the ordinary form or, upon filing an affidavit to the may require effect set forth in form 12 in the first schedule and subject to the defendant give notice to provisions of paragraph (3) of this rule, a summons in the form to the effect given in form 13 in the schedule, and if such last mentioned summons be issued it shall, unless otherwise ordered by the court, be personally served on the defendant shall not within sixteen days after the service of the summons, inclusive of the day of service, give notice in writing, signed by himself or his legal practitioner, to the registrar of the court from which the summons issued, of his intention to defend, the plaintiff may, after sixteen days and within two months from the day of service upon proof of service or of an order for leave to proceed as if personal service had been such instalments if any, as the plaintiff or his legal practitioner shall in writing have agreed to at the time of the entry of the plaint or of the judgment.

(3)     A summons as in form 13 in the first schedule shall not be issued without leave of the district judge where the amount claimed exceeds twenty pounds, unless the action is for the price, value or hire of goods which or some part of which, were sold and delivered or let on hire to the defendant to be used or dealt with in the way of his trade or profession or calling.

2. Where the defendant shall have given notice of defence the registrar of the court shall, immediately on receipt of such notice, serve notice on the plaintiff or his legal practitioner ,starting therein that the defendant has given notice of his intention to defend, and shall send to both plaintiff and defendant notice of the date fixed for the hearing, at least six clear days before such date.
3. Where the defendant shall neglect to give such notice of defence the district judge shall, upon an affidavit disclosing a legal defence or a defence upon the merits and satisfactorily explaining the

 

ORDER VI_ PROOF OF PROCESS

1. Where any summons or other process issued from a court is served by the sheriff or such other person as is appointed by the court, the service may be proved by endorsement on a copy of the summons or process under the hand of the sheriff or such other person showing the fact and the mode of service.
2. Any such person effecting service who wilfully endorses any false statement on a copy of a summons or other process shall be guilty of an offence , and, on conviction thereof, shall be removed from his office or employment and shall be liable on conviction to imprisonment for three months or to a fine of twenty _ five pounds, or to both such imprisonment and fine.

 

ORDER VII _ PARTIES

1. All persons may join as plaintiffs in whom the right to any relief claimed is alleged to exist, whether jointly, severally, or in the alternative.
2. Where a person has jointly with other persons a ground for instituting a suit, all those other persons ought ordinarily to be made parties to the suit.
3. (1) All persons may be joined as defendants against whom the right to any belief claimed is alleged to exist, whether jointly, severally or in the alternative.

(2)     Where judgment is given against two or more defendants jointly and severally they shall be entitled to contribution among themselves and any defendant who satisfies the judgment may apply to the court by motion on notice for an order of contribution against any other or others of the defendants.

(3)     The provisions of this rule shall not affect the rights and liabilities between joint tortfeasors.

4. Where a plaintiff has a demand recoverable under the law against two or more persons jointly liable, it should be sufficient to serve any of those persons with process, and judgment may be obtained and execution issued against any person so serve, not withstanding that others jointly liable may not have been served or sued or may not be within the jurisdiction of the court.
5. Persons claiming or being liable as partners may sued or be sued in the of their firm and any party to a suit may in such case apply to the court for a statement of the names of the person who are partners in any such firm, and the court shall order such names to be given.
6. (1) Where more persons than one have the same interest in one suit, one or more of such persons may, with the approval of the court, be authorised by other persons interested to sue or to defend in such suits, for the benefit of or on behalf of all parties so interested.

(2)     If the plaintiff sues, or any defendant is sued in any representative capacity, it shall be expressed on the writ. The court may order any of the persons represented to be made parties either in lieu of, or in addition to, the previously existing parties.

7. An executor or administrator may sue and be sued in the court in like manner as if he were a party in his own right, and judgment and execution shall be such as, in the like case, would be given or issued in the high court.
8. The court may at any stage strike out the names of any parties improperly or unnecessary joined, and may, after due notice given to the parties affected, add the names of parties whose presence is essential to a just decision of the matter in dispute, and on proof of such notice the parties so served, whether they shall have appeared or not, shall be bound by the proceedings in the action.

 

ORDER VIII – INFANTS AND PERSONS OF UNSOUND MIND

1. In this Order –

“lunatic” has the meaning assigned to it by section 341 of the Lunacy Act, 1890;

“person under disability” means a person who is in infant or a lunatic;

“proceedings” includes cause and application.

2. Subject to rule 5, 8 (2) and 10 of this Order, a person under disability may not sue except by his next friend and may not defend except by his guardian ad litem.
3. (1) Where proceedings other than proceedings under rule 5 (a) of this Order, are to be commenced, or a claim in interpleader proceedings is to be made, by an infant or on behalf of a lunatic, the proceedings or claim shall be in the name of the infant or lunatic by his next friend.

(2)     Before the proceedings are commenced, or, in the case of interpleader proceedings, before the claimant’s particulars of claim are accepted by the registrar, the next friend shall deliver to the court a written undertaking as in form 24.

(3)     On delivering the undertaking the next friend shall be liable for costs in the same manner and to the same extent as if he were himself a plaintiff, and, if the proceedings fail or are discontinued, an order for payment of costs may be made against the next friend whether an order for costs is or is not made against the person under disability, and proceedings may be taken on the order for the recovery of the costs as for the recovery of any amount payable under a judgment.

4. Where any proceedings in which a person is suing by a next friend are transferred from the High Court to a District Court, the plaintiff shall lodge with the registrar the next friend’s written authority to use his name as next friend in the High Court, or a certified copy thereof, which shall be deemed to be an undertaking within rule 3.
5. Notwithstanding the procedure provisions of this Order-

(a)     An infant may bring proceedings in the court for the recovery of any sum of money, not exceeding one hundred pounds, which may be due to him for wages or piece work or for work as a servant, in the same manner as if he were of full age; and

(b)     Any proceedings by an infant may proceed without a next friend if the defendant consents.

6. (1) Where proceedings in which a next friend is required are commenced, or are transferred from another court, with a next friend the court may –

(a)     On the application of any party or of its own motion appoint as next friend any person who consents to act and who delivers an undertaking in accordance with rule 3 (2) of this Order; or

(b)     Order the proceedings to be struck out.

2. Wherever a next friend is appointed under this rule, rule 3 (3) of this Order shall apply.
3. (1) Where any defendant is a person under disability an application may be made to the court on behalf of such person at any time to appoint a guardian ad litem to such person.

(2)     The application shall be made by filing an affidavit as in form 25 together with a written consent of the proposed guardian to act.

(3)     When the appointment is made, the registrar shall send notice to the plaintiff as in form 27.

8. (1) When no application is made under rule 7 and the plaintiff knows that any defendant is a person under disability, the plaintiff shall apply to the court to appoint a guardian ad litem to the person under disability.

(2)     This rule shall not apply where an infant is sued for a liquidated demand, unless the court otherwise orders.

(3)     The application shall be made by motion on notice to the person on whom the summons was required to be served.

(4)     The application shall be supported by an affidavit in Form 30 together with a written consent of the proposed guardian to act.

(5)     Notwithstanding the provisions of paragraph (4) of this rule –

(a)     The court may if it thinks fit accept –

(i)      Oral evidence of the facts required to be deposed to in the affidavit or any of them;

(ii)     An oral consent, which shall be recorded in the notes taken under section 48 of the law; and

(iii)    The court may dispense with evidence of anything which is admitted or not in controversy.

9. The court may appoint as guardian ad litem the person proposed in the application, if any, under rule 7 of this Order, and in default of such application may appoint the person proposed in an application made under rule 8, or, if not satisfied that the person proposed in such latter application is a proper person to be appointed or in default of such latter application may appoint any other person willing to act in default of any person willing to act may appoint the registrar.
10. Notwithstanding the provisions of this Order, any proceedings against an infant may proceed without the appointment of a guardian ad litem if the infant consents and, being represented by a legal practitioner, appears to be capable of instructing a legal practitioner, or, not being so represented, appears to be capable of conducting his defence.
11. Upon any appointment of a guardian ad litem not made upon application under rule 7 of this Order, then, unless and until a guardian is appointed upon an application under rule 7, the proceedings shall continue as if the guardian had been so appointed.
12. Where proceedings in which a guardian ad litem is required are transferred from the High Court without a guardian for the purpose of the suit or from another court without a guardian at litem, rules 7, 8, 10 and 11 of this Order shall apply.
13. Where a guardian ad litem dies or is under disability or is absent from Nigeria or is for any reason unable to act, rules 7, 8, 9, 10 and 11 of this Order shall apply as if no guardian ad litem had been appointed.
14. Where a guardian ad litem is appointed under this Order, his appointment shall be entered in the books of the Court, and in the title of the cause of application for the purpose of all subsequent proceedings.
15. A guardian ad litem to a person under disability shall not be personally liable for any costs not occasioned by his personal negligence or misconduct.
16. Where judgment has been obtained or an order made against a defendant who was at the time a person under disability without a guardian ad litem having been appointed the court may set aside the judgment or order and order a new trial, or make such order as it thinks just.
17. (1) In any action in which money or damages is or are claimed by or on behalf of or for the benefit of a person under disability –

(a)     No settlement or composition or acceptance of money paid into court, whether before or at or after the trial, shall be valid without the sanction of the court; and

(b)     No money or damages recovered or awarded in any such action whether by settlement, compromise, payment into court or otherwise before or at or after the trial shall be paid to the next friend or guardian ad litem of any party or to any party’s solicitor, unless the court so directs.

(2)     All money or damages recovered or awarded shall, unless the court otherwise directs, be paid into court.

(3)     An application to the court as to the mode of dealing with the money may be made by or on behalf of any person interested.

(4)     Nothing in this rule shall prejudice the lien of a solicitor for costs.

(5)     This rule shall not apply to any case in which an infant sues as if he were of full age by virtue of rule 5 (a) of this Order.

18. Subject to the provisions of these Rules, anything which in the ordinary conduct of any proceedings is required or authorized by a provision of these Rules to be done by a party to the proceedings may, if the party is a person under disability, be done by his next friend or guardian ad litem.
19. In any case not expressly provided for by this Order, the general principles of practice in the High Court of Justice in England may be adopted and applied in proceedings in a District Court.

 

ORDER IX – ALTERATION OF PARTIES

1. Where after action has been brought any change of transmission of liability occurs in relation to any party to the suit, or any party to the suit dies or (being a woman) marries, or the suit in any other way becomes defective or incapable of being carried on, any person interested may apply to the court for any order requisite for curing the defect, or enabling or compelling the proper parties to carry on the proceedings.
2. Any person served with such an order may, within such time not exceeding fourteen days as the court in the order or otherwise directs, apply to the court to discharge the order.

 

ORDER X – TRANSFER

1. (1) An application under section 30 or 33 of the Law for the transfer of a cause or matter shall be made to a judge of the judicial division of the High Court within which is situated the District Court in which the cause or matter is pending:

Provided that where the application requests a transfer of the cause or matter to a court in another judicial division of the High Court, the application shall be made to a judge of such other judicial division.

Provided also that in the absence of a judge from the appropriate division, the application may be made to the Chief Justice.

2. The application shall be made in writing and state the grounds on which it is based.
3. The application shall be filed in the District Court in which the cause or matter is pending, by which it shall be transmitted to the registrar of the appropriate judicial division or the Chief Registrar, as the case may be, with a statement of the District Judge’s view thereon. In case of urgency the District Judge shall by telegraph inform the registrar aforesaid or the Chief Registrar of the title of the cause or matter, the name of the applicant, the grounds on which the application is based, and the court to which transfer is requested and state his views on the application.
4. The hearing of the cause or matter affected by the application shall not be proceeded with until the decision of the appropriate judge or the Chief Justice has been communicated to the District Court in which the cause or matter is pending.
5. The District Judge shall inform the parties concerned of the decision of the judge of the High Court or the Chief Justice on the application.

 

ORDER XI – CONSOLIDATION AND TEST CASES

1. Actions or matters pending in the same court may be consolidated by order of a District Judge of his own motion or on the application of any party on notice whether or not such District Judge be the District Judge who finally adjudicates thereon:

Provided that actions or matters may not be consolidated if the effect of such consolidation is to bring the total of the consolidated actions or matters above the jurisdiction of the District Judge adjudicating.

2. (1) Where several actions or matters by different plaintiffs against the same defendant are proceeding in the same court, in respect of causes of action or matters arising out of the same breach of contract, wrong or other circumstances, the defendant may, on filing an undertaking to be bound so far as his liability in the several actions or matters is concerned by the decision in such one of the actions or matters as may be selected by the court, apply to the court for an order to stay the actions or matters other than the one selected, until judgment is given in the selected action or matter.

(2)     Application under this paragraph shall be made on notice to the plaintiffs who would be affected by any order made thereon.

 

ORDER XII – SITTINGS OF COURT AND AUDIENCE

1. The sittings of the court for the hearing of causes shall ordinarily be public; but the court may, for special reasons, hear any particular cause or matter in the presence only of the parties the legal practitioners representing them if any and the officers of the court.
2. (1) A District Judge may in his absolute discretion, if he thinks it expedient in the interests of justice, postpone or adjourn any cause or matter for such time, and to such place, and upon such terms, as he shall think fit.

(2)     Where, by reason of death or unavoidable absence, a District Judge is not present at any sitting of a court, the registrar after exercising any powers which he is authorized to exercise by or under the Law or any other enactment, shall adjourn generally all civil proceedings to such day as he thinks convenient, and enter in the minute book the cause of the adjournment.

(3)     In all cases of adjournments a District Judge may summon the parties to appear before the court before the expiration of the period for which the case was adjourned.

3. In any proceedings in a court any of the following persons may address the court, namely –

(a)     Any party to the proceedings; or

(b)     A legal practitioner retained by or on behalf of any party; or

(c)     Any other person allowed by law or by leave of the court to appear on behalf or instead of any party.

 

ORDER XIII – ENLARGEMENT AND ABRIDGMENT OF TIMES

1. (1) The parties may not by consent enlarge or abridge any of the times fixed by the rules for taking any step, or filing any document, or giving any notice.

(2)     The court may, as often as it thinks fit, and either before or after the expiration of the time appointed by and judgment, order, or the rules, extend or adjourn the time for doing any act or taking any proceedings.

2. The District Judge may in any case make any order for granting time to the plaintiff or the defendant to proceed in the prosecution or defence of the action.

 

ORDER XIV – AMENDMENT

1. (1) A District Judge may at all times before judgment amend all defects and errors in any proceedings in the court, whether the defect or error is that of the party applying to amend or not, and upon due application being made, may take all such amendments as may be necessary for the purpose of determining the real question in issue between the parties.
2. All such amendments may be made with or without costs and upon such terms as the District Judge may think just.

 

ORDER XV – INTERLOCUTORY APPLICATIONS

1. Interlocutory applications may be made orally to the District Judge in whose court a cause or matter is pending:

Provided that the District Judge shall have power:

(a)     To direct the application to be reduced to writing;

(b)     To direct notice thereof to be given to any person affected thereby:

(c)     To direct in what manner evidence relating to the application shall be given by the applicant or any person affected thereby.

2. Where an application is not summarily disposed of, the district judge or registrar shall appoint a day for the hearing thereof, and where notice of the application is to be given to another person, such notice shall specify the date on which the application will be heard and the manner in which evidence relating thereto shall be given by the applicant or any person affected thereby.
3. Any order made ex parte on an interlocutory application may be discharged or varied by the district judge at any time on application made by any person aggrieved thereby after notice given to the party who obtained the order.

 

 

ORDER XVI _ INJUNCTIONS, ETC.

1. In all cases which it may appear necessary the court may appoint a receiver or manager of any property in dispute in a suit, and if need commit the same to his possession or custody and grant him power to manage or preserve and improve the same and to collect the rents and profits thereof and to apply or dispose of them as may seem fit, grant him power to sell perishable goods.
2. The court may authorise any person to enter upon or into any land or building in the possession of any party for the purposes of any appointment or order made as aforesaid.
3. In making an injunction or order under paragraph (g) of sub-section (1) of section 13 of the law, the court may grant the same on such terms as to its duration, the keeping of an account, the giving of security or otherwise, as may seem just.
4. Where applicant is made for an interlocutory injunction or order under paragraph (g) of subsection (1) of section 13 of the law, the court may direct notice thereof to be given to any person affected thereby.
5. Any such interlocutory injunction or order made ex parte shall be for a limited time only to be therein stated, and be served on the person affected thereby, but the court may extend the time if service has not been possible within such time.
6. Where an interlocutory injunction or order is made ex parte the same may be discharged or varied by the court at any time on application made by any person aggrieved thereby after notice given to the party who obtained the injunction or order.

 

ORDER XVII——- CONFESSING AND ENTERING UP JUDGMENT

1. Any person against whom a plaint has been entered may, after the summons has been served upon him, file a written statement signed by himself admitting in whole or in part the claim in respect of which such plaint has been entered; and it shall be the duty of the registrar of the court in which the plaint was entered forthwith to send notice thereof to the plaintiff by post, or by causing the same to be delivered at the address furnish in the plaint or at his usual place of abode or business, and thereupon it shall not be necessary for the said plaintiff to prove the claim admitted as aforesaid; but the court, at the next sitting thereof, whether the parties or either of them attend such court or not, shall, if satisfied of the signature of the party filing such statement, enter up judgment for the claim so admitted.
2. If the person against whom a plaint has been entered agrees with the person on whose behalf such plaint has been entered upon the amount of the claim in respect of which such plaint has been entered, and upon the terms and conditions upon which the same shall be paid and satisfied, such persons respectively may, in the presence of the registrar of the court in which such plaint has been entered, sign a statement of the amount of the claim so agreed upon between such persons respectively, and of the terms and conditions upon which then same shall be paid or satisfied, and such registrar shall receive such statement, and the court shall at its next sitting enter up judgment for the plaintiff for the amount of the claim so agreed on, and upon the terms and conditions mentioned in such statement; and such judgement shall to all intents and purposes be the same and have the same effect, and shall be enforced and enforceable in the same manner as if it has been a judgement of the district judge of the said court.
3. The district judge may, if he thinks it expedient, direct that a party required to give security may, instead of entering into a bond, give such other security, by deposit of money with the registrar or otherwise, as the District Judge may deem sufficient.
4. When a party is required to give security by bond, he may in lieu thereof deposit with the registrar a sum equal in amount to the sum for which he would be required to give security and the registrar shall give to the party paying a written acknowledge of such payment; and the District Judge, when the money shall have been deposited in the court, may, on the same evidence as would be required to enforce or avoid such a bond as in rule 2 is mentioned, order such sum so deposited to be paid out to such party or parties as he shall think just.

 

ORDER XIX – PAYMENT INTO COURT

1. (1) The defendant may, at any time before the hearing, pay into court an amount in full satisfaction of the plaintiff’s claim or of part thereof, together with costs incurred up to the time of such payment-in.

(2)     The registrar shall cause notice of such payment-in to be served upon the plaintiff in like manner as provided for in rule 1 of Order XVII.

2. Payment into court, whether made in satisfaction of the plaintiff’s claim generally or some part thereof, shall operate, unless the defendant in his defence denies liability, as in admission of liability to the extent of the amount paid in, and no more, and for no other purpose.
3. (1) The plaintiff may accept any sum paid into court in full satisfaction and discharge of the claim in respect of which it was paid in, and may apply by motion for payment of the money out of court to him, whereupon the court shall make such order as to stay of further proceedings, and as to costs and other matters as may be just.

(2)     If the plaintiff does not so apply, and, having proceeded with the claim, recovers an amount not more than that paid into court –

(a)     The judgment shall be satisfied out of the amount paid into court, and the balance repaid to the defendant.

(b)     The court may in its discretion award to the defendant costs incurred after payment-in, together with a sum not exceeding five pounds by way of compensation, and may make an order against the plaintiff to this effect in like manner as if judgment had been given against him.

 

ORDER XX – INTERIM ATTACHMENT OF PROPERTY

1. (a) Where the defendant in any suit for an amount or value of ten pounds or upwards with intent to obstruct or delay the execution of any decree that may be passed against him, is about to dispose of his property, or any part thereof, or to remove any such property from Northern Nigeria; or

(c)     Where, in any suit founded on contract or for detinue or trover in which the cause of action arose in Northern Nigeria –

(i)      The defendant is absent from Northern Nigeria, or there is probable cause to believe that he is concealing himself to evade service; and

(ii)     The defendant is beneficially entitled to any property in Northern Nigeria in the custody or under the control of any other person in Northern Nigeria or such person is indebted to the defendant, then in either such case the plaintiff may apply to the court either at the time of the institution of the suit or at any time thereafter until final judgment to call upon the defendant to furnish sufficient security to fulfil any decree that may be made against him in the suit, and on his failing to give such security, or pending the giving of such security, to direct that any property movable or immovable belonging to the defendant shall be attached until the further order of the court.

2. The application shall contain a specification of the property required to be attached, and the estimated value thereof so far as the plaintiff can reasonably ascertain the same; and the plaintiff shall, at the time of making the application, declare that to the best of his information and belief the defendant is about to dispose of or remove his property with such intent as aforesaid.
3. If the court, after making such investigation as it may consider necessary, shall be satisfied that the defendant is about to dispose of or remove his property with intent to obstruct or delay the execution of the decree, it shall be lawful for the court to order the defendant, within a time to be fixed by the court, either to furnish security in such sum as may be specified in the order, to produce and place at the disposal of the court when required the said property, or the value of same, or such portion thereof as may be sufficient to fulfil the decree, or to appear and show cause why he should not furnish security. Pending the defendant’s compliance with such order, the court may by warrant direct the attachment until further order of the whole, or any portion, of the property specified in the application.
4. If the defendant fails to show much cause, or to furnish the required security within the time fixed by the court, the court may direct that the property specified in the application if not already attached, or such portion thereof as shall be sufficient to fulfil the decree, shall be attached until further order. If the defendant show such cause, or furnish the required security, and the property specified in the application, or any portion of it, shall have been attached, the court shall order the attachment to be withdrawn.
5. The attachment shall not affect the rights of persons not parties to the suit, and in the event of any claim being preferred to the property attached before judgment, such claim shall be investigated in the manner prescribed for the investigation of claims to property attached in execution of a degree.
6. In all cases of attachment before judgment, the court shall at any time remove the same, on the defendant furnishing security as above required, together with security for the costs of the attachment, or upon an order for a non-suit or striking out the cause or matter.
7. The application may be made to the District Court in the district where the defendant, or in case of urgency where the property proposed to be attached, may be, and such court may make such order as shall seem just. In case an order for the attachment of property shall be issued by a different court from that in which the suit is depending, such court shall, on the request of either of the parties, transmit the application and evidence therein to the court in which the suit is so depending, retaining the property in the meantime under attachment or taking sufficient security for its value, and the court in which the suit is depending shall thereupon examine into and proceed in the application in accordance with the foregoing provisions, in such manner as shall seem just.

 

ORDER XXI – WITNESSES

1. Either of the parties to any cause or matter may obtain from the registrar of the court summonses to witnesses, with or without a clause requiring the production of the books, deeds, papers and writings in the possession or control of the person summoned as a witness and such summons shall be served in accordance with the provisions of Order IV.
2. Immediately prior to the hearing of any cause or matter in which witnesses are to be examined the District Judge shall direct that all witnesses shall leave the court and upon such direction the provisions of section 186 of the Evidence Law shall apply:

Provided that the District Judge may in his discretion permit professional and technical witnesses to remain in court:

And provided further that failure to comply with the provisions of this rule shall not invalidate the proceedings.

ORDER XXII – AFFIDAVITS AND DOCUMENTARY EVIDENCE

1. All affidavits shall be made by some person who has knowledge of the facts stating –

(a)     The deponent’s residence and occupation; and

(b)     What facts are within his own knowledge and his means of knowledge; and

(c)     What facts are deposed to on information derived from other sources and what the sources are.

2. What a party desires to cross-examine a deponent who has made an affidavit filed on behalf of the opposite party the following provisions shall apply –

(a)     He may serve on the opposite party a notice requiring the production of the deponent for cross-examination at the hearing;

(b)     If the party served with the notice does not produce the deponent at the hearing, he shall be entitled to use the affidavits as evidence without the leave of the court;

(c)     A witness summons may be issued on the application of the party served with the notice for the purpose of summoning the deponent to attend for cross-examination.

3. Unless the court otherwise orders, no affidavit shall be filed or used in any proceedings –

(a)     Which is blotted so as to obliterate any word; or

(b)     Which is illegally written; or

(c)     Which is so altered as to be illegible; or

(d)     Which is so imperfect, by reason of having blanks therein or otherwise, that if cannot be easily read or understood; or

(e)     If there is any interlineations alteration or erasure in the body of the affidavit or jurat, unless the person before whom the affidavit was sown has initialled the interlineations or alteration, and in the case of an erasure has rewritten and signed in the margin of the affidavit any words or figures written on the erasure.

4. Where it appears to the person administering the oath that the deponent is illiterate or blind, he shall certify in the jurat that –

(a)     The affidavit was read or interpreted in his presence to the deponent; and

(b)     The deponent seemed perfectly to understand it; and

(c)     The deponent made his signature or mark in his presence, and the affidavit shall not be used in evidence without a certificate, unless the court is otherwise satisfied that it was read over to and appeared to be perfectly understood by the deponent.

5. (1) At any time after a cause or matter is begun and before the trail, the court may take the evidence of a witness who is about to leave the district, or who, from illness or old age or any other sufficient cause, is not likely to be able to be present at the trial.

(2)     The note of the evidence shall be signed at the time by the District Judge taking the same.

(3)     The evidence so taken and recorded may not, except for special reasons to be recorded in the District Judge’s notes, be admitted as evidence at the trial unless it is shown that the party against whom it is offered had an opportunity of cross-examining the deponent.

6. Every document admitted in evidence shall be put in and read or taken as ready by consent and shall be marked by the court or registrar with a distinguishing mark or letter and a note of the date and character of all material documents admitted in evidence shall be made by the court in the record of the case, and each document admitted shall be retained by the court until the end of the proceedings, or in the case of an appeal until the final determination of the cause or matter, when it shall be returned to the party who put it in, or from hose custody it came, unless the court for any reason orders it to be detained in the custody of the court.
7. Where a document is produced and tendered in evidence, and rejected by the court, the document shall be marked as having been so tendered and rejected:

Provided always that this rule shall not apply when the rejection has been made on the grounds that the document is irrelevant or that a sufficiency of documents to a similar effect has already been admitted by the court.

 

ORDER XXIII – PROCEDURE WHEN BOTH PARTIES APPEAR

1. If on the day of hearing both parties appear, the plaint shall be read to the defendant, and the District Judge shall require him to make his answer or defence thereto, and, on such defence or answer being made, the District Judge shall immediately record the same and shall, except where the court considers it necessary to order otherwise, proceed in summary way to hear and determine the cause without further pleading or formal joinder of issue.
2. In all suits written pleadings may be ordered by the court.
3. In making any such order, the court shall have regard to the condition of the parties, and shall not require any party to file a written statement who, from want of education, is incapable of preparing or understanding the same. If in any case the court considers it of necessary, in the interest of justice, that any statement of such party should be reduced into writing previous to the hearing the court may direct that the same be take down in writing by the registrar or other fit officer of the court and, after verifying the statement so prepared by oral examination of the party where necessary, may direct if it thinks fit, that such statement be filed as a pleading.
4. When the court for any reason decides not to order written pleading the court, either it self or by the registrar, shall at or before the trail take from each party, or from barrister or solicitor of each party, and record, a short statement of the facts and pleas upon which such party relies sufficiently definite and detailed to enable the court and the parties to know as far as possible at the outset of the trial the issues of fact and law which fall to be decided at the trial. Such record shall be read over by the court to the parties as soon as made and shall thereupon bind the parties to the same effect as if such record were pleadings filed under this Order.
5. Wherever any pleading, statement of claim, or defence is ordered to be filed the provisions of the following rules shall be observed.
6. Every pleading shall contain a statement of all the material facts on which the party pleading relies, but not the evidence by which they are to be proved, such statement being divided into paragraphs numbered consecutively, and each paragraph containing as nearly as may be a separate allegation.
7. The facts shall be alleged positively precisely and distinctly and as briefly as is consistent with a clear statement.
8. Every statement of claim shall state specifically the relief which the plaintiff claims, either simply or in the alternative, and may also ask for general relief and the same rule shall apply to any counterclaim made or relief claimed by the defendant in his defence.
9. Where the plaintiff seeks relief in respect of several distinct claims or causes of complaint founded upon separate and distinct facts, they shall be stated, as far as may be, separately and distinctly. And the same rule shall apply where the defendant relies upon several distinct grounds of set-off or counterclaim founded upon separate and distinct facts.
10. The defendant’s pleading or defence shall deny all such material allegations in the petition as the defendant intends to deny at the hearing. Every allegation of fact, if not denied specifically or by necessary implication or stated to be not admitted, shall be taken as established at the hearing.
11. It shall not be sufficient to deny generally the facts alleged by the statement of claim, but the defendant must deal specifically therewith, either admitting or denying the truth of each allegation of fact seriatim, as the truth or falsehood of each is within his knowledge, or (as t he case may be) stating that he does not know whether such allegation or allegations is or are true or otherwise.
12. When a party denies an allegation of fact he must not do so evasively, but answer the point of substance. And when a matter of fact is alleged with divers circumstances it shall not be sufficient to deny it as alleged along with those circumstances, but a fair and substantial answer must be given.
13. The defence shall admit such material allegations in the statement of claim as the defendant knows to be true, or desires to be taken as admitted, and such allegations may be taken as established without proof thereof.
14. The defence must allege any fact not stated in the statement of claim on which the defendant relies in defence, as establishing for instance, fraud on the part of the plaintiff, or showing that the plaintiff’s right to recover or to any relief capable of being granted on the petition has not yet accrued, or is released, or barred, or otherwise gone.
15. Where any defendant seeks to rely upon any facts as supporting a right of set-off or counterclaim, he shall, in his statement of defence state specifically that he does so by way of set-off or counterclaim, and the particulars of such set-off or counterclaim shall be given.
16. The defence of a defendant shall not debar him at the hearing from disproving any allegation of the plaintiff not admitted by the defence, or from giving evidence in support of a defence not expressly set up by the defence, except where the defence is such as, in the opinion of the court, ought to have been expressly set up by the defence, or is inconsistent with the statements thereof, or is, in the opinion of the court, likely to take the plaintiff by surprise and to raise new issues not fairly arising out of the pleadings, as they stand, and such as the plaintiff ought not to be then called upon to answer.
17. The court if it considers that the statement of claim and defence filed in any suit in sufficiently disclose and fix the real issues between the parties may order such further pleading to be filed as it may deem necessary for the purpose of bringing the parties to an issue.
18. Where the court shall be of opinion that any allegations of fact, denied or not admitted by any pleading, ought to have been admitted, the court shall make such order as may be just with respect to cost.
19. Every pleading shall be filed at such time as the court directs, and be served on the opposite party or his solicitor, if the court thinks fit, at such time and in such manner as it directs.
20. The court may at any time, on the application of either party, strike out any pleading or any part thereof, on the ground that it discloses no cause of action, or no defence to the action as the case may be, or on the ground that it is embarrassing, or scandalous, or vexations, or an abuse of the process of the court, and the court may either give leave to amend such pleading, or may proceed to give judgment for the plaintiff or defendant, as the case may be, or make such other order, and upon such terms and conditions, as may seem just.
21. Subject to the power of amendment conferred to these rules, no evidence of any claim shall be given by the plaintiff on the trial or hearing except of such claim as shall be stated in the summons or other proceeding under the law or these rules directed to be issued or taken.

 

ORDER XXIV – PROCEDURE WHEN ONLY ONE PARTY APPEARS

1. (1) If, on the day of hearing of at any continuation or adjournment of the court or cause, the plaintiff shall not appear, or sufficiently excuse his absence, the cause shall, unless the court sees good reason to the contrary, be struck out except as to any counterclaim by the defendant, and if the plaintiff appears but does not make proof of his claim to the satisfaction of the court the District Judge may non-suit him or give judgment for the defendant; and in either case, where the defendant appears and does not admit the claim, the District Judge may award the defendant, in addition to costs, such further sum, not exceeding five pounds, by way of compensation for his trouble and attendance, as the District Judge in his discretion may think just. Such sum shall be recoverable from the plaintiff in like manner as any debt or damage ordered to be paid by the court can be recovered; and no action shall be brought by the plaintiff in respect of the same cause of action until such sum and costs have been paid.

(2)     If the plaintiff does not appear when called upon but the defendant appears and admits the cause of action to the full amount claimed, the District Judge may, if he thinks fit proceed to give judgment, with or without costs, as if the plaintiff had appeared.

2. Where the defendant to a cause which has been struck out under rule 1 has a counterclaim, the court may, on due proof of service on the plaintiff of notice thereof proceed to hear the counterclaim and give judgment on the evidence adduced by the defendant, or may postpone the hearing of the counterclaim and direct notice of such postponement to be given on the plaintiff.
3. In every case where the plaintiff shall not appear on the day of hearing, or at any continuation or adjournment of the court of cause and the defendant shall appear, the court may award the defendant such sum as the court shall think just; such sum to include an amount by way of costs and may include a further amount not exceeding five pounds by way of compensation for the defendant’s trouble and attendance, and the sum so awarded shall be recoverable from the plaintiff in like manner as any debt or damage ordered to be paid by the court can be recovered.
4. (1) If on the day of hearing or at any continuation or adjournment of the court or cause the plaintiff appears and the defendant does not appear or sufficiently excuse his absence or neglects to answer when called in court the District Judge may, on due proof of service on the summons and upon his being satisfied that the time between the date of service and the date of hearing was sufficient for the defendant to have appeared had he wished so to do, proceed to the hearing and determination of the cause on the part of the plaintiff only, and the judgment thereon shall be as valid as if both parties had appeared.

(2)     When the District Judge is not so satisfied that the defendant has had such reasonable time the District Judge shall adjourn the hearing to a convenient time.

(3)     When the District Judge has heard and determined any cause or matter in the absence of the defendant under the provisions of paragraph (1) of this rule and the defendant has filed a counterclaim, the counterclaim shall, unless the court sees good reason to the contrary, be struck out.

 

ORDER XXV – JUDGMENTS

1. (1) Where the court reserves judgment the parties shall be served with notice to attend and hear judgment, unless the court at the hearing has stated the day on which judgment will be delivered.

(2)     All parties are deemed to have notice of the judgment if pronounced at the hearing.

(3)     All parties served with notice to attend and hear judgment are deemed to have notice of the judgment when pronounced.

2. (1) The provisions of the Sheriffs and Civil Process Law shall apply to judgments given by any court under the District Courts Law.
3. The payment of any penalty imposed by any court under the District Courts Law may be enforced upon the order of the District Judge –

(a)     In like manner as payment of any debt adjudged by the court to be paid under the District Courts law, or

(b)     In like manner as payment of a sum adjudged to be paid on summary conviction may be enforced.

 

ORDER XXVI – COSTS

1. Where the court orders costs to be paid or security to be given for costs by any party, the court may, if it thinks fit, order all proceedings by or on behalf of that party in the same suit or proceeding, or connected therewith, to be stayed until the costs are paid or security given accordingly but such order shall not supersede the use of any other lawful method of enforcing payment.
2. The provisions of the high court law and the rules made there under the regulating the fee of legal practitioners, the taxation and recovery of such fee and disbursements and the payment out to them of money which has been paid into court, shall in so far as they are not incompatible with the provisions of this order, apply mutatis mutandis to any practitioner engaged in any proceedings in a district court.
3. (1) Any agreement made by a legal practitioner with his client for any inclusive fee for the conduct of a case in a district judge’s court shall, if the client is illiterate, be null and he void useless it shall have been have been made in duplicate and the practitioner and his client shall have signed and made their mark, or sign or signature, respectively on both copies in one and the same the same transaction and in the presence of a witness, other than an employee or casual employee of the practitioner who understood the language and script in which the agreement was written and explained its terms to the client and was present at the transaction of the signing and making thereof and set his signature also to the agreement; and useless one of the copies so signed shall also have been give to the client in the presence of the same witness and as part of the same single transaction of signing and marking them

(2)     The onus of proof that the requirements of this rule have been complied with shall be on the legal practitioner seeking to enforce any such agreement.

(3)     For the purpose of this rule the word illiterate shall include any person who may be to read but may nevertheless not be able to understand the purport of such an agreement, and the onus of proof that a person is not illiterate in this sense shall be upon the legal practitioner.

4. When any legal practitioner has conducted a case under an agreement for an inclusive fee or has conducted a case not under an inclusive charge but has presented his hill and the fee or bill has been paid in full and cost awarded to his client by the court are subsequently paid to the practitioner, the practitioner shall refund to the client an amount equal to the costs received; if the fee or bill has not been paid in full but the receipt of the costs awarded causes an excess, an amount equal to the excess shall be refunded to the client. When no excess is caused, the amount of costs received shall be deducted in computing the balance due from his client under the agreement or on the bill.

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5. In any suit brought by a legal practitioner to recover from his client any sum of money due under an inclusive agreement for conducting a proceeding in a District Court, the court may reduce the amount claimed if it thinks the same or any part thereof to be harsh and unreasonable, but before doing so shall have regard to the degree of skill, labour and responsibility involved and to the nature of the practice of the practitioner.
6. Every legal practitioner while retained for a case in a District Court shall be an officer of the court and when retained for a matter other than a proceeding in court, which subsequently develops into a proceeding in court, he shall be deemed to have been an officer of the court from the date of his original retainer.

 

ORDER XXVII – APPEALS TO THE HIGH COURT

1. (1) An application for leave to appeal under subsection (2) of section 73 of the Law shall be made to the appeal court in the judicial division in which its situated the court of the District Judge whose decision is complained of.

(2)     The application shall state the reference number of the civil proceedings in which the decision complained of was given, the names of the parties, the date of the decision, a short summary of the decision, and the grounds of appeal.

(3)     The application shall state an address within the judicial division to which notices may be sent for the applicant, and such notice may be sent to him by registered post.

2. (1) An appeal against any decision of a District Court shall be brought by notice of appeal, which may be given either –

(a)     By written notice lodged in the court below within thirty days of the decision; or

(b)     Orally in court at the time when the decision is announced and in the presence of the other party or of the legal practitioner representing him:

Provided that when the notice of appeal is given orally the appellant shall within thirty days of the decision also lodge a written notice of appeal.

(2)     Any written notice of appeal shall be accompanied by a certified copy of the decision and shall state –

1. a) The reference number of the proceedings in which the decision was given.
2. b) The names of the parties;
3. c) The date of the decision
4. d) The grounds of appeal in full;
5. e) The appellant’s address for service.

(3)     At the time of giving written notice of appeal the appellant shall pay all such fees, including fees for service on the respondent, as are payable in accordance with Part 3 of the Second Schedule.

(4)     The registrar shall cause a copy of the written notice of appeal to be served on the respondent.

3. (1) The appellant shall within six weeks of the decision appealed from apply to the registrar of the court below for as many typewritten copies of the proceedings required for the consideration of his appeal as there are respondents thereto, together with two copies for the appeal court. Save where the fees for preparing such copies are remitted a deposit decided upon by the registrar as likely to cover such fees shall be made at the time of ordering the copies and thereafter the copies shall be prepared by the registrar.

(2)     The registrar of the court below shall within a week of being supplied with the copies aforesaid send the same to the registrar of the appeal court in the judicial division in which the court below is situated.

(3)     When notifying a respondent of the day fixed for the hearing of the appeal, the registrar of the appeal court shall send him a copy of the proceedings.

4. (1) On the application of the appellant the appeal court may enlarge any of the times prescribed in this order on such terms, if any as may be just.

(2)     The application shall be made by motion on notice to the respondent and supported by an affidavit setting out the facts relied upon to justify the delay, unless the appeal court sees fit to dispense with such affidavit.

(3)     Where the time available to the appellant for the taking of any step has expired before such step has been taken or completed, the appeal court may on its own motion or on motion by the respondent on notice to the appellant strike out the appeal.

5. The appeal shall come on for hearing at such time and at such place as the registrar of the appeal court shall notify to the parties.
6. The fees prescribed in the Second Schedule shall be payable in relation to appeals.

Provided that no fees shall be payable by a Government officer acting in his official capacity:

Provided further that the District Judge or appeal court may waive or remit such fees on the ground of poverty where it appears that the grounds of appeal are substantial.

7. Allowances may be made to witnesses in accordance with these rules or with rules made under the High Court Law according as the witnesses are summoned before a District Judge or before the High Court.
8. (1) On application being made for stay of execution under section 72 of the Law the court below or the appeal court may impose one or more of the following conditions –
9. That the appellant shall deposit a sum fixed by the court not exceeding the amount of the money or the value of the property affected by the decision or judgment appealed from or give security to the court’s satisfaction for the said sum;
10. That the appellant shall deposit a sum equal to the amount of the costs allowed against him or give security to the court’s satisfaction for the said sum.
11. That the appellant shall, where the decision or judgment appealed from relates to possession of lands or houses, give security to the court ‘s satisfaction for the performance of the decision or judgment in the event of the appeal being dismissed;
12. That the appellant property shall be seized and attached pending the making of a deposit or the giving of security as aforesaid; including a deposit or security for the expenses incidental to the seizure and attachment;
13. That the appellant’s property shall be seized, attached and sold and the net proceeds deposited in court pending the determination of the appeal.

(2)     Any order made on any such application shall limit the time (not being more than thirty days) for the performance of the conditions imposed and direct that in default of such performance within the time so limited execution may issue or proceed.

(3) (a) An application for stay of execution under section 72 of the law may be made at any time after lodgement of the notice of appeal and shall in the first instance be made to the court below:

Provided that where executed has been ordered by the high court application shall not be made to the court below but to the high court.

(b)     The application may be ex parte but the court may direct notice thereof to be given to the other party to the appeal. Where an order is made ex parte the registrar of the court shall notify the other party of the order made.

(c)     Where the applicant proposes to give security instead of making a deposit, the application shall state the nature of the security and the name of the surety proposed, if any.

(4)     Any party dissatisfied with an order made by the court below may apply to the appeal court by motion (original or interlocutory as the case may require) with notice to the other party for a review of the order, and the appeal court may thereupon make such order as may seem fit.

9. (1) If on the day of the hearing or at any adjournment of the case the appellant does not appear the appeal shall be struck out and the decision shall be affirmed unless the appeal court thinks fit for sufficient cause to order otherwise.

(2)     If in any such case the respondent appears, the judgment shall be with costs of the appeal against the appellant unless the appeal court expressly orders otherwise; but if the respondent does not appear the costs of the appeal shall be in the discretion of the court.

10. If on the day of hearing and at every adjournment of the case the appellant appears, the appeal court shall, whether the respondent appears or not, proceed to the hearing of further hearing and the determination of the case and shall give judgment according to the merits of the appeal without regarding any imperfection or defect of form:

Provided that if it appears or is proved to the court that the appellant has not complied with the requirements precedent to the bearing of an appeal hereinafter contained, the court shall dismiss the appeal and affirm the decision with or without coats of appeal against the appellant.

11. On the hearing it shall not be competent for the appellant to go into any other reasons for appeal than those set forth in his notice of grounds of appeal:

Provided that where in the opinion of the appeal court other grounds of appeal than those set forth in the memorandum of grounds of appeal should have been given, or the statement of grounds of appeal is defective, the court in its discretion may allow such amendment of the memorandum of grounds of appeal upon such conditions as to service upon the respondent and as to costs as it may think fit.

12. (1) An appellant may serve written notice upon the registrar of the court below that he abandons his appeal and thereupon the provisions of rule 9 of this Order shall apply as if the appeal court had affirmed the decision of the District Judge.

(2)     The registrar of the court below shall give notice to the registrar of the appeal court and to the respondent of the abandonment of the appeal.

13. (1) When a case is decided on appeal, the appeal court shall certify its judgment or order to the court by which the decision appealed against was pronounced.

(2)     The court to which the appeal court certifies its judgment or order shall thereupon make such orders as are comfortable to the judgment or order of the appeal court and, if necessary, the record shall be amended in accordance therewith.

14. Any order made by the appeal court may be enforced by the appeal court or by the court below as may be most expedient.
15. (1) The appeal court may in special circumstances upon application on notice by motion (original or interlocutory, as the case may require) supported by affidavit under the appellant to deposit such sum or give such security as may seem fit for the respondent’s costs of appeal including the costs incidental to the application.

(2)     The order shall limit the time (not exceeding thirty days) within which the deposit or security shall be made or given and may direct that in default of its being made or given within the time so limited the appeal shall without further order stand dismissed.

(3)     Persons required to attend or be examined as witnesses may where the court so orders be allowed expenses and compensation for loss of time at the rates set out in Part 2 of the Second Schedule; and these rates shall also be deemed to be prescribed for the purpose of section 53 of the Law.

 

ORDER XXXI – CUSTODY OF MONEY IN COURT

1. All fees payable in respect of civil proceedings under the Law, and all penalties, forfeitures and fines imposed under the Law, if not by the Law directed to be otherwise applied, shall be paid to the registrar and accounted for by him to the Accountant-General of Northern Nigeria.
2. The registrar of every court from time to time as often as he shall be required so to do by the Account-General of Northern Nigeria, shall account in full to the said Accountant-General for all moneys which have been received by him under these rules and shall produce for examination all books and papers which the said Accountant-General shall consider necessary for the elucidation of such accounts and the proper checking thereof.
3. All accounts kept by a registrar shall be audited at such time and in such manner as the Director of Audit may direct.
4. All moneys coming into the hands of the registrar of every court in the course of the business of the court shall be entered into a book to be kept for that purpose, to be called the Cash Book, which shall record the number of the plaint in respect of which each sum is paid, together with the folio of such plaint in the Cause Book. Every entry therein shall slow whether the payment is made by the plaintiff or defendant, and whether for fees on process into court, award, or costs as the case may be.
5. All moneys coming into the hands of the registrar of every court in the course of the business of the court shall be retained, deposited and paid out in accordance with the provisions of the Government financial instructions or regulations for the time being in force.

 

ORDER XXXII – MISCELLANEOUS PROVISIONS

1. (1) A duplicate or true copy of every document used in connection with any cause or matter shall be filed in the appropriate file of proceedings and a note showing on whose behalf it is filed shall be endorsed thereon by the person seeking to have the same filed, or where the said person is illiterate, by the registrar.

Provided that no document shall be filed unless it bears the reference number of the proceedings and the names of the parties.

(2)     The registrar shall note on the document filed the date of filing.

2. Persons appointed as interpreters to the court shall be sworn on first appointment and need not be sworn at each trial thereafter.

 

FIRST SCHEDULE

PART 1 – FORMS REFERRED TO IN THE RULES

FORM 1

CAUSE BOOK OF DISTRICT COURT, NORTHERN NIGERIA

Record Book of Causes in the

 ……………………………………………………………………………. District Court from the …………………………………………………. day of

 ………………………………………………………….., 19 to the

…………………………………………………………………….. day of

……………………………………….., 19.

No. Of Plaintiff	Date of filling plaintiff	Name of Plaintiff	Name of defendant	Substance of plaint	Date of judgment	Minute of judgment	District Judge Adjudicating	Costs

 

FORM 2

PLAINT NOTE – (ORDINARY ACTION OF MATTER)

In the District Court of Northern Nigeria

In the District Court of Northern Nigeria

In the District court of the

 ………………………………………………………………………………………… District
between …………………………………………………………………………………………………………………,
Plaintiff and ………………………………………………………………………………………………………………
………. Defendant

No. Of Plaint or Matter	Defendant	Fees
		Plaint	Hearing
………………………………. ……………………………………..	………………………………. ……………………………………..	………………………………. ……………………………………..	……………………. ………..
……………………. ………..	……………………. ………..	……………………. ………..	……………………. ………..
……………………. ………..	……………………. ………..	……………………. ………..	……………………. ………..

 

The above action (or actions) or matter (or matters) was (or were) entered this day, and will be heard at ………………………………………………………………………………………………………………………………… on ………………………………………………………….. the …………………………… day of ………………………………. 19 ……………., at the hour of …………………………………………. in the …………………………….. noon.

………………………………………………….

Registrar

The Hearing Fee must be paid before an action or matter is called on.

Bring this plaint note with you when you come to the Court or to the Court Office for any purpose connected with these proceedings.

On the day of hearing bring all books and papers necessary to prove your claim.

Money will be paid out of Court, only on production of this Plaint note and on your or your agent’s personal attendance if you reside within five miles of the Court Office.

 

FORM 3

AFFIDAVIT ON APPLICATION FOR ISSUE OF DUPLICATE PLAINT NOTE

(GENERAL TITLE – FORM A)

I …………………………………………………………………………. of

…………………………………………… make oath and say as follows –

1. I am (the solicitor) for the plaintiff in this action ………………………………… or I am a …………………………………. in the employ of (the solicitor for) the plaintiff in this action and in such capacity have had in my custody the plaint note issued in this action.
2. I have made diligent search for the said plaint note but have been unable to find it and to the best of my belief the said plaint note has been accidentally lost or destroyed.
3. There has been no change in my interest in the subject matter (or the judgment obtained) in this action and I am lawfully entitled to receive any money paid into court by the defendant.
4. (Add if the deponent is not the plaintiff) – To the best of my knowledge and belief there has been no change in the plaintiff’s interest in the subject-matter (or the judgment obtained) in this action and the plaintiff is lawfully entitled to receive any money paid into court by the defendant.
5. I am duly authorized by the plaintiff to apply for and receive on his behalf a duplicate of the said plaint note as appears by the authority at the foot thereof, signed by the plaintiff.

LEAVE GRANTED to issue duplicate Plaint note.

…………………………………………..

District Judge

I, ………………………………………. the above-named plaintiff, hereby authorize ………………………………………………………………………… of …………………………………… to apply for and receive on my behalf a duplicate of the plaint note issued in this action.

………………………………………

Plaintiff

 

FORM 4

ORDINARY SUMMONS

(General Title – Form A)

You are hereby summoned to appear at a court to be holden at …………………………………………………. on the …………………………………………. day of …………………………………………………………………………, 19 ………………. at the hour of ………………………………….. in the ……………………………. noon, to answer the plaintiff’s claim for …………………………………………………………………………………. (the particulars of which are hereto annexed).

 

If the claim is for money only and you pay in to court the total amount of the claim and costs within ……………… days after the service on you of this summons you will incur no further costs. If you dispute the claim or have a counterclaim you should, within eight days inclusive of the day of service, send to the registrar a defence or counterclaim for which the form below may be used. If you dispute part only of the claim you may pay into court the amount admitted.

Claim Fee Solicitor costs Total amount of claim and costs

£

s.

d.

 

If you admit the whole or part of the claim and desire time for payment you should within the said eight days send to the registrar an admission (for which the form below may be use).

Sending the form to the registrar does not relieve you from appearing in court on the day named but delay in sending a defence or admission or in paying into court may add to the costs.

DATED this ………………………. day of ………………………………………………………………., 19 ………….

 

……………………………………………….

Registrar

 

FORM 5

SERVICE ENDORSEMENT ON ANY DOCUMENT OF WHICH PERSONAL SERVICE IS EFFECTED (EXCEPT A WITNESS OR JUDGMENT SUMMONS).

The summons (or as the case may be) of which this is a true copy was served by me on the defendant personally, at …………………………………………………………………………………………………….. on the …………………………… day of …………………………………………………………………………………., 19 ……….

……………………………………….

Person effecting service

 

—————————

FORM 6

SERVICE ENDORSEMENT ON ORDINARY OR DEFAULT SUMMONS AGAINST A FIRM

The summons of which this is a true copy, was served by me on the ……………………………. day of …………………………………………………….., 19 ………….

(a)     By delivering the same at ……………………………………………….. to ………………………………………. a partner in (or who stated that he was a partner in) the defendant firm (or who stated that he carried on business in the name of ………………………………………);

(b)     By delivering the same at …………………………………….. to a person who did not give his name, but stated that he was a partner in the defendant firm (or that he carried on business in the name of …………………………………………..); or

(c)     By delivering the same at …………………………………………. being the principal place of business of the defendant firm within the jurisdiction of this court to ……………………………….. the person (or if the name is not known to a person) who had or appeared to have the control or management of the business there; or

The summons of which this is a true copy has not been served for the following reason ————

————————————-

Person effecting service

 

FORM 7

SERVICE ENDORSEMENT ON ORDINARY OR DEFAULT SUMMONS AGAINST A CORPORATION

The summons of which this is a true copy was served by me on the defendant company on the ……………………………… day of. …………………………………………………………………………………, 19 ………..

(a) By delivering the same at ……………………………………… to ………………………………………………… a director (or the secretary, or the chief agent) of the defendant company; or

(b) By delivering the same at …………………………………… to a person who did not give his name, but stated that he was a director (or the secretary, or the chief agent) of the defendant company; or

(c) By leaving the same at ………………………………… being the registered office of the principal place of business of the defendant company (or of ……………………………. being the person having control of the business of the company).

———————

 

FORM 8

NOTICE OF DOUBTFUL SERVICE OF ORDINARY SUMMONS

(General Title – Form A)

TAKE NOTICE that the summons in this action was left at the address given by you (here insert the bailiff’s return as endorsed on the copy summons).

You must therefore be prepared, if the defendant does not appear at the hearing, to satisfy the court that the summons has come to the knowledge of the defendant.

—————————————–

Registrar

 

FORM 9

ORDER FOR SUBSTITUTED SERVICE

(General Title-Form A)

UPON READING the Affidavit of ………………………………………. of ……………………………………. sworn the …………………….. day of …………………………….. 19 ……………………….

It is ORDERED that a copy of the ………………………….. issued in this action (or matter) together with a copy of this order be served on some inmate of or above the apparent age of eighteen years at …………………………… being the usual (or last known) place of residence (or business) of ………………………………………. (name of plaintiff, defendant, witness or party)

(or that copy of…………………………………… issued in this action (or matter) together with a copy of this order, be sent by registered post addressed to……………………………………………………(name of plaintiff ,defendant ,witness party) being the usual (or business) of the said…………………………………………….)

(Or that notice of the…………………………………………………………………………………………………be publish in the…………………………………gazette)

(Or that notice of the ……………………………………… be punished in the…………………………………….newspaper in (number) separate issues)

(or that a copy of the ……………………… in this section (or matter) shall be affixed to premises at …………………………………… being the usual (or last known) place of residence (or business) of ………………………………… the (plaintiff, defendant, witness or party).

(or as may otherwise be ordered by the court)

ORDERED this ………………………… day of …………………………………………………………., 19 …………………..

………………………………………

District Judge

 

SUBSTITUTED SERVICE NOTICE IN THE GAZETTE OR NEWSPAPER IN THE DISTRICT COURT OF NORTHERN NIGERIA

In the District court of the ……………………………………………….. District.

Suit No …………………………………………………..

TAKE NOTICE than an action (or matter) has been commenced against you in the above court by ………………………………………………….. of ……………………………………………… for ………………………………. and an order been made that publication of a notice of the entry of such action (or matter) in the Northern Nigeria Gazette (or the ……………………………….. newspaper) shall be deemed to be good and sufficient service of the proceedings on you.

The action or matter will be heard at …………………………………….. on …………………………………………… the ……………………………… day of …………………………………. at the hour of ……………………………………. in the ……………………………… noon, on which day you are to appear, and if you do not appear either in person or by your legal practitioner at the time and place above mentioned such order will be made as the court thinks just.

48

DATED this …………………………… day of ……………………………………………………., 19 …………………………

…………………………………

Registrar

To …………………………………………………

Of ………………………………………………..

————————–

 

FORM 11

SERVICE ENDORSEMENT OF SUBSTITUTED SERVICE

(General Title-Form A)

The summons of which this is a true copy was served by me on the ………………………………………. day of …………………………………………….., 19 …………………….. by ……………………………………………………… …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….. in accordance with the terms of the order for such substituted service.

…………………………………………………

Person effecting service

 

FORM 12

AFFIDAVIT TO GROUND DEFAULT SUMMONS

 

I, A, B, of etc make oath and say that C, D, of (address, occupation and description) is indebted to me in the sum of ……………………………… for. ……………………………….. (add, where the claim is brought for a demand exceeding twenty pounds), and I further say that the …………………………………………………… were sold and delivered (or let on hire) to the said C, D to be used or dealt with in the way of his trade (or profession or calling) of a ………………………………………………………………………………………….

Sworn at …………………………………………………

………………………………………………….

Signed A.B

Note —- When affidavit is made by a clerk alter the form accordingly and add the following: That I am a person in the employ of A.B., and that I am duly authorized by him to make this affidavit, and that it is within my own knowledge that the aforesaid debt was incurred, and for the consideration above stated, and that such debt, to the best of my knowledge and belief, still remains unpaid and unsatisfied.

——————

 

FORM 13

SUMMONS TO OBTAIN JUDGMENT BY DEFAULT ON PERSONAL SERVICE

(General Title – Form A)

TAKE NOTICE, that unless within sixteen days after the service of this summons on you, inclusive of the day of such service, you pay into court the total amount of the plaintiff’s claim and costs or return to the registrar at the office of the court, by post or otherwise, the notice given below, dated and signed by yourself or your legal practitioner, you will not afterwards be allowed to make any defence to the claim which the plaintiff makes on you, as per margin. Particulars of the claim are hereto annexed.

But the plaintiff may, in the absence of such notice and without giving further proof in support of such claim than the affidavit filed in court, obtain judgment and proceed to execution for the full amount claimed and costs forthwith. If within the time limited you return such notice to the court the registrar will send you notice of the day on which the action will be tried. If you dispute part only of the claim you may pay into court the amount admitted. Delay in payment of an amount admitted may add to the costs

Claim fee for plaint Solicitor’s costs Total amount of claim and costs

£

s.

d.

 

To the defendant …………………………………………….

DATED THIS …………………………………. day of ………………………………………………………., 19…………..

……………………………………..

Registrar

Note – See endorsement on back hereof

 

NOTICE OF INTENTION TO DEFEND

In the District Court of the ……………………………………………. District.

Suit No ……………………………….. 19 ……………….. ……………………………………………………………………….v…………………………………………………………………..

I dispute the plaintiff’s claim because (1) ……………………………… (or I admit the plaintiff’s claim) (or, I admit £ : : , part of the plaintiff’s claim) and I ask leave to pay the same, with the costs on that amount, on the …………………………. day of …………………………., 19 ……………., or by instalments of £ : : because (2) …………………………………….. or I have a counterclaim against the plaintiff for £ : : , for (3) ………………………………………………….. …………………………………………….

To be signed here …………………………………………………………..

………………………………………………….

Defendant

(1)     State shortly the facts relied upon to support the defence

(2)     Admission. State why you cannot pay at once

(3)     Counterclaim

To be Endorsed on Back of Summons

If you pay the debt and costs as per margin on the other side, into the registrar’s office, within sixteen days after the service of this summons, and without returning the notice of intention to defend, you will avoid further costs.

If you do not return the notice of intention to defend, but allow judgment against you by default, you will save half the hearing fee, and the order upon such judgment will be to pay the debt and costs forthwith (or by instalments, to be specified as in the plaintiff’s written consent).

If you admit a part only of the claim, you must return the notice of intention to defend within the time specified on the summons; and you may, by paying into the registrar’s office at the same time the amount so admitted, together with costs proportionate to the amount you pay in, avoid further costs, unless the plaintiff at the trial shall prove a claim against you exceeding the sum so paid.

If you intend to dispute the plaintiff’s claim on either of the following grounds –

(1)     That the plaintiff owes you a debt which you claim should be set off against it; or

(2)     That you were under twenty-one when the debt claimed was contracted.

You must, in addition to the notice of intention to defend, give to the Registrar’s notice of such special defence; and such last-mentioned notice must contain full particulars; and you must deliver to the Registrar as many copies of such notice as there are plaintiffs, and an additional copy for the use of the court. If your defence be set-off, you must, with the notice thereof, also deliver to the Registrar a statement of the particulars thereof. If your defence be a tender, you must pay into court, before or at the trial, the amount tendered.

———————–

 

FORM 14

PLAINT NOTE

(Default Action)

In the District Court of Northern Nigeria

In the District Court of the …………………………………………………………………………………. District between ……………………………………………………………………………………………………………………. Plaintiff and ………………………………………………………………………………………………………………………. Defendant

No. Of Plaint	Defendant	Fees paid
		Plaint	Judgment Hearing

 

The above action (or actions) was (or were) entered this day and you will be entitled to judgment at the expiration of sixteen days and within two months from the date of the service of the summons, inclusive of the day of service, unless the defendant within such period of sixteen days pays into court the total amount of the claim and costs of delivers at the court office a notice of his intention to defend. If payment is made or a defence or admission is delivered you will be informed thereof by post, and unless payment is made in full, of the day and hour when the action will be heard or disposed of.

If no defence or admission is delivered judgment must be entered within two months from the date of services of the summons after which period the action will be struck out.

DATED this…………………..day of………………………………, 19………………

…………………………………………………..

Registrar.

To the plaintiff………………………………………..

Bring this plaint note when you come to the court or to the court office for any purpose connected with these proceedings.

On the day of hearing bring all books and papers necessary to prove your claim.

Money will be paid out of court only on production of this plaint note and on your representative’s personal attendance if you resides within five miles of the court.

If you obtain a judgment against the defendant all money ordered to be paid there under must be paid into court and must not be received by you from the defendant unless the court directs payment to be made to you.

 

PRAECIPE FOR ENTRY OF JUDGMENT IN DEFAULT ACTIN

(General Title _ Form A)

I hereby request you to enter judgment by default against the defendant (name the defendant, or if there are more defendants than one and it is desired to enter judgment against some or one only, name them or him) payable forthwith or on the………………………day of…………………………………or by instalments of £ s. d. for every…………………………..the first instalment to be paid on the…………………..day of…………………………………., 19…………

£        s.       d.

Amount of claims as stated in summons ….. ….. …..

Amount, if any, since received by plaintiff ….. …..

Balance of claim for which judgment is to be entered …..

Court fees entered on summons ….. ….. …..

Court fees on entering judgment ….. ….. …..

Total ….. ….. ….. ….. ….. …..

DATED the…………………day of………………………………………., 19…………

 

……………………………………………….

Plaintiff or plaintiff’s legal

Practitioner.

 

FORM 16

NOTICE TO DEFENDANTS IN DEFAULT ACTION OF ACCEPTANCE BY PLAINTIFF

(General Title _ Form A)

TAKE NOTICE that the plaintiff has accepted your proposal to pay the amount claimed in this action and admitted by you by instalments of £ s. d. for every………………..and that on the day fixed for disposal of the action, judgment may be entered against you for payment of the amount of the claim and costs by the above _ mentioned instalment.

 

FORM 17

NOTICE TO PLAINTIFF IN DEFAULT ACTION THAT DEFENDANT HAS GIVEN

NOTICE OF INTENTION TO DEFEND

(General Title_ Form A)

TAKE NOTICE that the defendant has given notice of his intention to defend the action brought by you against him.

DATED this……………..day of………………………………………., 19……….

………………………………………………………

Registrar.

 

FORM 18

NOTICE TO PARTIES IN DEFAULT ACTION OF DAY FIXED FOR HEARING

(General Title _ Form A)

TAKE NOTICE that this action will be heard at a court to be holden at ………………………………………….. on the ……………………………………….day of …………………………………………., 19 …………… at the hour of ………………………………. in the …………………………. noon, and thatg if you do not attend at the time and place mentioned, such order will be made in your absence as the court thinks just.

(The hearing fee must be paid before the action is called on).

————————————

Registrar

—————–

 

FORM 19

NOTICE TO PLAINTIFF IN DEFAULT ACTION OF DAY FIXED FOR DISPOSAL

(General Title – Form A)

TAKE NOTICE that the defendant has delivered an admission of the whole of your claim and asks leave to pay the same, with the costs on the ……………………….. day of ……………………., 19 ……………. or by instalments of £ s. d. for every ……………………. because (state reason given by defendant for request for time for payment).

AND FURTHER TAKE NOTICE that the action will be disposed of at ………………………….. on the ………… day of …………………………………………, 19 ………………………… at the hour of …………………………. in the ……………………………………………… noon, when judgment will be entered and the decision of the court will be given, as to the date of payment or the instalments by which payment is to be made.

If you elect to accept the proposal as to payment you should forth-with send notice of acceptance to me. If, with your notice of acceptance or before the time fixed for disposal, you send to me the prescribed fee of ………………………. it will not be necessary for you to attend on disposal.

(The fee for entering judgment must be paid before the action is called on).

————————————-

Registrar

 

———————

FORM 20

NOTICE TO DEFENDANT IN DEFAULT ACTION OF DAY FIXED FOR DISPOSAL

(General Title-Form A)

TAKE NOTICE that this action will be disposed of at ……………………………………………………………. on the ……………………………… day of ……………………………………., 19…………… at the hour of ……………. in the …………………… noon, when judgment will be entered and the decision of the court will be given as to the date of payment or the instalments by which payment is to be made.

………………………………………………

Registrar

————————-

 

FORM 21

SERVICE ENDORSEMENT ON SUMMONS TO WITNESS

The summons of which this is a true copy was served by me on the within-named ………………………… personally, at ………………………… on the …………………… day of ………………………………., 19, and the sum of £ …………………………………. was at the same time paid or tendered by me to the said ………………………………………….. for his expenses and loss of time.

………………………………………………….

Person effecting service

 

FORM 25

AFFIDAVIT ON APPLICATION ON BEHALF OF INFANT OR PERSON OF UNSOUND MIND FOR APPOINTMENT OF GUARDIAN AD LITEM

(General Title – Form A)

I, …………………………………………………………………………….. of ………………………………………. make oath and say as follows –

1. The defendant was served with the ……………………………… in this action (or matter) on the ………………………………… day of ……………………………………………….., 19 ………………………
2. The defendant ……………………………………………………… is an infant (or person of unsound mind not so found by inquisition).
3. ……………………………………………………………. is a fit and proper person to act as guardian ad litem of the said defendant and has no interest in the matters in question in this action (or matter) adverse to that of the said …………………………….. defendant, and the consent of the said …………………………………………. to act as such guardian is hereto appended.

I, ……………………………………………………………………. of ………………………………………….. consent to act as guardian ad litem of ……………………………………………………….. an infant (or a person of unsound mind not so found by inquisition), a defendant in this action (or matter).

…………………………………………………………………..

Signature of person consent to act as guardian

 

———————–

FORM 26

ORDER APPOINTING GUARDIAN AD LITEM

(General Title – Form A)

On the application of ………………………………………….. and on reading the affidavit of …………………….. sworn on the …………………. day of ……………………………, 19 ……………….., and the consent thereto annexed.

IT IS ORDERED that …………………………………………………………………. of …………………………………… be appointed to act as guardian ad litem of the defendant …………………………………. and infant (or a person of unsound mind not so found by inquisition).

——————-

 

FORM 27

NOTICE TO PLAINTIFF OF APPOINTMENT OF GUARDIAN AD LITEM

(General Title – Form A)

TAKE NOTICE that …………………………………… of …………………………………….. has been appointed to act as guardian ad litem of the defendant ……………………………………………………… an infant (or a person of unsound mind not so found by inquisition).

————————

FORM 28

NOTICE OF PLAINTIFF WHERE NO APPLICATION MADE ON BEHALF OF INFANT OR PERSON OF UNSOUND MIND FOR APPOINTMENT OF GUARDIAN AD LITEM

(General Title-Form A)

 

TAKE NOTICE that no application has been made on behalf of the defendant…………………………………………………………an infact (or a person of unsound mind not so found by inquisition) for the appointment of a person to act as guardian ad litem.

AND FURTHER TAKE NOTICE, that before taking any further step in the proceeding against the said defendant you most apply to the District Judge for an order that some proper person be assigned as guardian of the defendant, by whom he may appear and defend.

FORM 29

NOTICE OF APPLICATION BY PLAINTIFF FOR APPOINTMENT OF GUARDIAN AD LITEM TO DEFENDANT WHO IS AN INFANT OR A PERSON FO UNSOUND MIND

(general title – form A)

TAKE NOTICE that intend to apply to the District Judge at………………………………………………on………………………..the……………………..day of………………………at the hour of……………………………..in the…………………….noon, for order appointing………………………..

Of……………………………………….or some other proper person, guardian ad listem of the defendant …………………………………………. who is an infant (or a person of unsound mind not so found by inquisition ), and that i shall apply, if necessary, for the postponement of the trial.

AND FURTHER TAKE NOTICE that an affidavit of ………………………………………..field this day, a copy of which accompanies this notice, well be read in support of such application.

………………………………………………….

Plaintiff or solicitor for the plaintiff.

To the defendant …………………………………………..and to ………………………………………………………….the

Father (or guardian) of the said ……………………………………………………and to the Registrar of the court.

___________________

 

FORM 30

AFFIDAVIT IN SUPPORT OF APPLICATION BY PLAINTIFF FOR

APPOINTMENT OF GUARDIAN AD LISTEM DEFENDANT

(general title –form A )

I,………………………………………………..of…………………………………………….make oath and say as follows_

1. I am informed by the registrar of this court that no application has been made to the court on behalf of the defendant ……………………………………….an infant (or a person of unsound mind not so found by inquisition) for the appointment of a guardian ad listem.
2. ………………………………………..of………………………………………………..is a fit and proper person to act as guardian ad listem of the said defendant , and has no interest in the mattersin question in this proceeding adverse to that of the said defendant.
3. The consent of the said……………………………………………………. to act to as guardian is hereto annexed.

I,…………………………………………………………….of……………………………………..consent to act as guardian ad listem of……………………………………………………..an infant (or a person of unsound mind not so found by inquisition) a defendant is this action (or matters).

62

……………………………………………………………..

Signature of person consenting to act as guardian.

_____________

 

FORM 31

ORDER APPOINTING GUARDIAN AD LISTEM ON APPLICATION OF PLAITIFF

(General Title- form A)

UPON THE APPLICATION of the plaintiff for the appointment of ……………………………………………………of ……………………………….or some other person, guardian ad listem of the defendant………………………………………………………….who is an infant (or a person of unsound mind not so found by inquisition), and upon reading the affidavit of…………………………………………………………………………..sworn the…………………………………day of …………………………………………………………………………………….and the consent thereto annexed.

AND UPON HEARING Mr……………………………………………………………………on behalf of the said Defendant,…………………………………………………………………………………………………………………

I DO ORDER that,……………………………………………………….of……………………………………….be appointed

To act as guardian ad listem of the said defendant…………………………………………..(or if the person proposed be not appointed).

AND IT APPEARING TO ME that the said ……………………………………………..is not proper person to be appointed such guardian, and that ………………………………………. of ………………………………….. is a proper person to be appointed such guardian and is willing to act as such guardian.

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I DO ORDER that the said ……………………………… be appointed to act as guardian ad litem of the said defendant …………………………… (or in default of any other person being willing to act).

AND IT APPEARING TO ME that the said ……………………………………. is not a proper person to act as such guardian and that there is no other proper person willing to act as such guardian.

I DO ORDER that the registrar of this court be appointed to act as guardian ad litem of the said defendant.

AND I DO FURTHER ORDER that the hearing of this action (or matter) be postponed till …………………………………………… the ………………………….. day of ……………………… at the hour of ………………………….. in the …………………….. noon.

DATED this …………………….. day of ………………………………………………., 19 ……………

………………………………………

District Lodge

——————

 

FORM 32

ORDER APPOINTING GUARDIAN AD LITEM NAMED BY INFANT DEFENDANT APPEARING AT THE HEARING

(General Title – Form A)

WHEREAS the defendant ………………………….. being an infant, appears here in court and names ……………………………………. of ………………………….. to act his guardian, who now assents to such as such guardian:

IT IS ORDERED that the said ……………………….. be, and he is hereby appointed to be, guardian of the said defendant, to act on his behalf in this action (or matter).

 

FORM 33

ORDER APPOINTING GUARDIAN AD LITEM OF INFANT DEFENDANT APPEALING AT THE HEARING AND NOT NAMING A GUARDIAN

(General Title – Form A)

WHEREAS the defendant ………………………………………… being an infant appears here in court and does not name a guardian:

IT IS ORDERED that ………………………………. of ……………………………. (or the registrar of this court) be, and he is hereby appointed to be, guardian of the said defendant to act on his behalf in this action (or matter).

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FORM 34

ORDER FOR CONSOLIDATION

In the District Court of the ………………………………………………… District.

Suit No ……………………………………………

Between ………………………………………………………………… Plaintiff

And ………………………………………………………………………… Defendant

And ……………………………………………………Suit No ……………………….

Between …………………………………………………………………. Plaintiff

And ………………………………………………………………………… Defendant

(Add the plaint numbers and titles of all the actions or matters to be consolidated).

IT IS ORDERED that these actions or matters be consolidated and do proceed as one action or matter (add any special terms).

Note: Actions or matters cannot be consolidated if the effect of such consolidation is to bring the total of the consolidated actions or matters above the jurisdiction of the District Judge adjudicating.

 

FORM 35

UNDERTAKING BY DEFENDANT APPLYING FOR STAY OF PROCEEDINGS

(General Title of Actions to which the Undertaking relates)

WHEREAS the above-mentioned actions have been brought in this court by the said ……………………… and ……………………………………….. against me, and the several causes of action arise out of the same alleged branch of contract (or other circumstances):

NOW THEREFORE I undertake to be bound, so far as my liability in the said actions is concerned, by the judgment of the court, in such one of the actions as may be selected by the court.

DATED THIS …………………………. day of …………………………………………, 19 ………….

……………………………….

Defendant

———————–

 

FORM 36

ORDER TO STAY PROCEEDINGS

(Titles as in Form 35)

WHEREAS the above actions have been commenced in this court against the said ……………………………………………………….. in respect of causes of action arising out of the same alleged breach of contract (or wrong or other circumstances).

AND WHEREAS THE SAID ……………………………………………. has filled an undertaking to be bound, so far as his liability to the plaintiffs

66

………………………………………. and ………………………………………………. in the said actions is concerned, by the decision of the court in one of such actions.

IT IS ORDERED that the second-mentioned action be stayed until judgment shall have been given in the first mentioned action.

AND IT IS FURTHER ORDERED that this order shall be served on the said ………………………………………. and ……………………………………………………

 

FORM 37

NOTICE TO PLAINTIFFS IN OTHER ACTIONS OF JUDGMENT IN SELECTED ACTION

(Titles as in Form 35)

WHEREAS on the …………………….. day of ……………………………………, 19 ……………. it was, ordered that the above-mentioned action of ……………………………………………….. v……………………………………… should be stayed until judgment should have been given in the above-mentioned action of ……………………………………………………………..v…………………………………….

TAKE NOTICE THAT on the ……………….. day of ……………………………………….., 19 ……………, judgment was given in the said action of ………………………………………………………..v………………………………………. in favour of the defendant.

AND FURTHER TAKE NOTICE that the said defendant will be entitled to his costs of the above-mentioned action of ……………………………………………………….v……………………………………………………… up to the date of the said order of the …………………………………………………………… day of…………………………………………, 19 …………, unless you, the said ……………………….., 19 ………………… (one month from the date of judgment in selected action) give to me written notice to set down the action of ……………………………………………………………..v……………………………. in favour of the plaintiff.

AND FURTHER TAKE NOTICE that you will be at liberty to proceed with the action of …………………………………………………………………………….v……………………………….

…. for the purpose of ascertaining and recovering the debt (or damages) and costs, and that if you desire to proceed you must, on or before the …………………………. day of ………………………………, 19 ………….. (one month from the date of judgment in selected action) give to me written notice to set down the action of ……………………………………………………..v…………………………………………………………………… for hearing.

………………………………………

District Judge

 

FORM 38

ORDER TO POSTPONE OR ADJOURN PROCEEDINGS

(General Title – Form A)

IT IS ORDERED that the hearing of this action (or matter) be postponed (or adjourned) until the ……………………… day of ……………………………………., 19 ………………. at the hour of ………………………… in the ……………………….. noon.

——————-

FORM 39

NOTICE OF DAY FIXED FOR HEARING AFTER ADJOURNMENT

(General Title – Form A)

TAKE NOTICE that the hearing of this action will take place on …………………… the …………………….. day of ……………………………, 19 ………………….. at the hour of …………………………………………….. in the ………………………………… noon.

——————

 

FORM 40

NOTICE TO PLAINTIFF IN ORDINARY ACTION OF ADMISSION OF WHOLE claim

(General Title – Form A)

TAKE NOTICE that –

1. The defendant has delivered an admission of your claim but he desires time for payment thereof and proposes to pay on the ……………………… day of ……………………………., 19…………. (or by instalments of ………………………………………… per month).
2. If you elect to accept the proposal as to the time of payment you should within seven days after the receipt of this notice send notice of acceptance to me and to the defendant. If with your notice of acceptance, or before the day fixed for the hearing you send to me the prescribed fee of …………………………………………. it will not be necessary for you to attend the hearing and judgment will be entered in accordance with the admission and proposal of the defendant.
3. If you do not elect to accept the proposal as to time of payment you should within seven days after the receipt of this notice send notice of non-acceptance to me and to the defendant and attend the court on the day of hearing.

—————

 

FORM 41

NOTICE TO PLAINTIFF IN ORDINARY ACTION OF PART OF CLAIM

(General Title – Form A]

Take notice that—–

1. The defendant has delivered an admission that the sum of £……………. part of the amount claimed by you is due from him to you but he desires time for payment thereof.
2. The defendant proposes to pay the amount so admitted on the …………… day of ………………., 19 ……… (or by instalments of ………………per month).
3. If you elect to accept the amount admitted in satisfaction of your claim and the proposal as to time of payment you should within seven days after the receipt of this notice send notice of acceptance to me and to the defendant. If with your notice of acceptance, or before the day fixed for the hearing, you send to me the prescribed fee of ………………… it will not be necessary for you to attend the hearing and judgment will be entered in accordance with the admission and proposal of the defendant.
4. If you do not elect to accept the amount admitted in satisfaction of your claim and the proposal as to time of payment you should within seven days after the receipt of this notice send notice of non-acceptance to me and to the defendant and attend the court on the day of hearing.

——————-

 

FORM 42

APPLICATION BY DEFENDANT FOR SECURITY FOR COSTS

(General Title – Form A)

I, the defendant apply for an order directing the plaintiff to deposit in court a sum of money to be fixed by the court as security for my costs of this action on the grounds stated in my affidavit accompanying this application.

DATED this ………………………………… day of ……………………………………………………, 19 …………………….

………………………………….

Defendant

To the Registrar of the Court

——————-

 

FORM 43

NOTICE TO DEFENDANT OF REFUSAL OF APPLICATION FOR SECURITY FOR COSTS

(General Title – Form A)

TAKE NOTICE that I have duly considered the allegations in your affidavit and I refuse your application for an order directing the plaintiff to deposit a sum of money as security for your costs. You must therefore attend the court on the day fixed for the hearing.

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—————-

 

FORM 44

NOTICE TO PLAINTIFF TO DEPOSIT SUM OF MONEY IN COURT AS SECURITY FOR COSTS

(General Title – Form A)

TAKE NOTICE that the defendant has filed with me an affidavit showing a defence to this action on the merits, and has applied for an order directing you to deposit a sum of money as security for his costs of this action. An order has been made requiring you within seven days from the date hereof to deposit in court the sum of £ : : to abide the event of this action.

AND FURTHER TAKE NOTICE that in default of your making such deposit as ordered the action will be struck out, and the defendant may lodge for settlement and allowance for his costs incurred prior to the receipt by him of notice of your default.

 

FORM 45

NOTICE TO DEFENDANT OF DEPOSIT OF SUM OF MONEY FOR SECURITY FOR COSTS

(General Title – Form A)

TAKE NOTICE that the plaintiff has this day deposited with me the sum of £ : : to abide the event of this action.

You should therefore attend the court on the day fixed for the hearing.

——————–

 

FORM 46

NOTICE TO DEFENDANT OF FAILURE TO DEPOSIT SUM OF MONEY FOR SECURITY FOR COSTS

(General Title – Form A)

TAKE NOTICE that the plaintiff has been required by me to deposit in court the sum of £ : :, to abide the event of this action, but has not deposited the same.

The action will therefore be struck out and you need not attend the court on the day fixed for the hearing.

——————-

 

FORM 47

NOTICE TO DEFENDANT OF LATE DEPOSIT AND OF REINSTATEMENT OF ACTION

(General Title – Form A)

TAKE NOTICE that the plaintiff has now deposited with me the sum of £ : : as security for your costs.

The action has been reinstated and will be heard at ……………………………….. on …………………………… the ………………………… day of ……………………………………….. 19 …………….. at the hour of ……………….. in the ……………………………… in the ………………………. noon, at which time and place you should attend.

 

 

FORM 48

BOND BY PERSON GIVING SECURITY

(General Title – Form A)

KNOW ALL MEN by those presents that we …………………………………….. of…………………………. and …………………………………… of ………………………………….. and ………………………. of …………………………… are jointly and severally held and firmly bound to ……………………………… in the sum of £ ……………….. to be paid to the said …………………………………….. or his certain attorney, executors, administrators or assigns; for which payment to be well and truly made we bind ourselves and each and every one of us, in the whole, our and each of our heirs, executors, and administrators jointly and severally, firmly by these presents.

SEALED with your seals, and dated this ………………………… day of ……………………………….. one thousand nine hundred and …………………………………….

WHEREAS (here recite the circumstances in which the bond is required).

NOW THE CONDITION of this obligation is such, that if the above-bounden ………………………………. do (here state the obligation undertaken), then this obligation shall be void and of none effect, otherwise the same shall remain in full force and virtue.

(L.S.)

(L.S.)

(L.S.)

Signed, sealed and delivered by the above-bounded …………………………………………………………………… ……………………………………………………………………………………………………………………………………………… in the presence of …………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….

 

FORM 49

NOTICE OF PROPOSED SURETIES

(General Title – Form A)

TAKE NOTICE that the sureties whom I propose as my security in the above action (here state the circumstances which have rendered the sureties necessary) are (here state the full names, addresses and occupations of the sureties, whether householders or freeholders, and their residences for the last six months, mentioning the town or district, places, streets and numbers, if any).

 

——————

FORM 50

AFFIDAVIT OF SURETY

(General Title – Form A)

I, …………………………………………………. of ……………………………………………., one of the sureties for …………………………………. of …………………………………… make oath and says as follows –

1. That I am a householder residing at (describe particularly the province, town or street and the number of the house, if any).
2. That I am the owner of the property to the value of £ ……………….. (the amount of security fixed by the court) over and above what will pay my just debts (and every other sum for which I am now surety).
3. That I have not given bail or security in any other action or matter or for any other person (except for …………………………. in the sum of £ …………………….).
4. That my property, to the value of the said sum of £………………………. (over and above all other sums for which I am now surety as aforesaid) consists of (state what property consists of).
5. That I have for the last six months resided at ………………………………………………………………… …………………………………………………………………………………………………………………………………..

 

FORM 51

NOTICE TO PLAINTIFF OF PAYMENT INTO COURT OF WHOLE CLAIM WITH OR WITHOUT COSTS

(General Title – Form A)

TAKE NOTICE that the defendant ……………………………….. has paid into court the sum of £ : : in satisfaction of your claim in this action. (Add, if so with a defence of tender before action or with a denial of liability).

If you elect to accept the payment made in satisfaction of your claim you must within seven days after the receipt by you of this notice, send to the court office by post or otherwise a written notice of acceptance. Your acceptance will not preclude you from recovering any costs properly incurred before the receipt by you of this notice.

(Note – When applying for the above amount you must produce the plaint note issued to you on the entry of the plaint).

———————–

 

PLAINT 53

JUDGMENT FOR PLAINTIFF FOR COSTS WHERE WHOLE CLAIM PAID OR AMOUNT PAID INTO COURT ACCEPTED IN SATISFACTION

(General Title – Form A)

The defendant having paid into court the whole amount of the plaintiff’s claim (or the sum of £ : : paid into court by the defendant having been accepted by the plaintiff in satisfaction of his claim and the plaintiff’s costs having been settled and allowed at the sum of £ : : ).

IT IS ADJUDGED that the plaintiff do recover against the defendant the sum of £ : : for his costs (including the costs of entering judgment).

AND IT IS ORDERED that the defendant do pay the same to the registrar of this court forthwith.

———–

 

FORM 54

SUMMONS TO WITNESS TO GIVE ORAL EVIDENCE

(General Title – Form A)

YOU ARE HEREBY summoned to attend at ………………………………… on ……………………………………. the ………………………… day of …………………………………………, 19 ………………, at the hour of ………………… in the ………………………………… noon, and so from day to day, until the above action or matter is tried, to give evidence in the above action or matter.

IN DEFAULT of your attendance you will be liable to forfeit a fine of twenty pounds if there was paid or tendered to you at the time of the service of this summons your reasonable expenses of travelling to and from the court together with a sum as compensation for loss of time according to the prescribed scale.

DATED this ……………………. day of ………………………………………………………., 19….

………………………………..

District Judge

To ……………………………………………. of …………………………………………………………….. This summons was issued on the application of the (plaintiff or defendant).

Sum to be paid or tendered to the witness – £

——————

 

FORM 55

SUMMONS TO WITNESS TO PRODUCE DOCUMENTS

(General Title – Form A)

YOU ARE HEREBY summoned to attend at …………………………….. on the ………………… day of …………………………………………. 19 ………, at the hour of …………………………………….. in the …………………………………. noon, and so from day to day, until the above action or matter is tried to give evidence in the above action or matter and also to bring with you and produce the several documents hereunder specified.

(Here insert list of documents required to be produced).

IN DEFAULT of your attendance or of production by you of the several documents hereinbefore specified or any of them you will be liable to forfeit a fine of twenty pounds if there was paid or tendered to you at the time of the service of this summons your reasonable expenses of travelling to and from the court together with a sum as compensation for loss of time according to the prescribed scale. (Where the witness is merely required to produce documents the words “to give evidence in the above action or matter and also” should be omitted).

DATED THIS ………………….. day of ………………………………….., 19 ………………….

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………………………………….

District Judge

To ……………………………………………. of ………………………………………….. This summons was issuied on the application of the (plaintiff or defendant).

Sum to be paid or tendered to the witness – £

——————–

FORM 56

GENERAL FORM OF AFFIDAVIT

(General Title – Form A)

I, (full names of deponent) of (residence of deponent, followed by his occupation) make oath and say as follows –

(Here set out in numbered paragraphs, the facts deposed to).

Sworn at …………………………………………………… in the district of………………………………………………… this ………………………. day of ………………………………………………………, 19 …………………..

Before me (Signed …………………………………………..

Deponent

This affidavit is filed on behalf of ………………………………………

(Signed) ……………………………………………………….

Person taking affidavit

FORM 57

ORDER FOR COSTS AGAINST PLAINTIFF WHERE HE DOES NOT APPEAR

77

(General Title – Form A)

The plaintiff not having appeared at the hearing of this action (or matter) the proceedings have been struck out.

And the defendant having appeared and not having admitted the claim:

IT IS ORDERED that the plaintiff do now pay the sum of £ ……………………………. for the defendant’s costs.

IT IS ORDERED that the plaintiff do pay the same to the registrar of this court on the ……………………………………… day of …………………………………………….., 19…………..

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FORM 58

NOTICE OF APPEAL

In the District Court of the ……………………………………… District.

No …………………………….

A.B versus C.D.

Take notice that the Plaintiff (or Defendant, as the case may be) A, B, (or C, D.; name the Party who is appealing) appeals from the judgment (or order, or decision) dated the ………………………. day of …………………………………, 19 …………., in the above proceedings.

And further take notice that his grounds of appeal are ……………………………………………………………….. ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

DATED ………………………………………………………….

1. B. (or C.D.)

(or the legal practitioner acting for him)

To C, D, (or A, B) …………………………………………………………………………………………………………………… of ………………………………………………………………………………………………………………………………………….

Notes – This notice must be filed with the Registrar of the District Court within a month of the decision appealed from and served on all parties affected by the appeal within that period.

The grounds of appeal should be given in full.

The rules on appeals from District Courts should be looked at carefully.

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PART 2 – OTHER FORMS

FORM A

GENERAL FORM OF TITLE OF PROCEEDINGS

(Where not otherwise provided in this Schedule) (For use in respect of actions)

In the District Court of Northern Nigeria

In the District Court of the ……………………………………………………………………………………………………… No. Of Plaint …………………………………… between ………………………………………… plaintiff and …………………………………………… Defendant and

(For use in respect of matters)

In the District Court of Northern Nigeria

In the District Court of the ……………………………………………………………………………………………………….. District .

No ………………………………….

In the matter of (here state the title of any Act or Law, other than the District Courts Rules, by which this court is given power to entertain the proceedings).

And in the matter of (here refer to the matter in respect of which the proceedings are brought).

Between

…………………………………………………………………………………………………………………………….. Applicant

(or Petitioner)

……………………………………………………………………………………………………………………Respondent

(or as the case may be).

———————-

 

FORM B

NOTICE OF SET-OFF OR COUNTERCLAIM

TAKE NOTICE that the defendant intends at the hearing of this action to claim a set-off (or to set up a counterclaim) against the plaintiff’s demand, the particulars of which are annexed hereto.

DATED this ……………………………. day of……………………………………………………, 19……………..

……………………………………………………………..

The Defendant (or Defendant’s Solicitor)

To the Registrar of the Court and to the plaintiff

—————–

FORM C

CERTIFICATE OF JUDGMENT OR OTHER

(General Title – Form A)

Copy of the judgment (or order) relating to action (or matter) of …………………………………………………. …………………… (No. Of Plaint ………………………….) in which judgment was entered (or order was made) in this court on the ………………… day of …………………………………………………………., 19 ………….

(Here set out a copy of the judgment or order).

I CERTIFY that the above is a true copy of the judgment (or order) of this court relating to the action (or matter) above-mentioned.

CERTIFIED a true copy this ……………….. day of ………………………………, 19 …………….

…………………………………………….

Registrar

———————-

 

FORM D

ORDER OF DISTRICT JUDGE REFERRING PROCEEDINGS TO ARBITRATION

(General Title – Form A)

IT IS ORDERED with the consent of all parties that these proceedings be referred to the arbitration of ……………………………….. whose award, to be made on or before the …………………. day of ……………………………….. 19 ………….., shall be entered as the judgment in this action. (Add any further directions given by the District Judge).

—————-

 

FORM E

ORDER OF REFERENCE OF PROCEEDINGS OF QUESTION FOR INQUIRY AND REPORT

(General Title – Form A)

IT IS ORDERED that the following question arising in these proceedings, namely (state the question) ………………………………………………………………. be referred to Mr. …………………………………………………. of ……………………………………… for inquiry and report pursuant to section 51 of the District Courts Law.

(Add direction, if any, as to how reference is to be conducted).

AND IT IS ORDERED that the reference is to complete his inquiries and file his report and give notice to the parties by the …………………………………… day of ………………………………………………….., 19 ……., unless the time is further enlarged by the court.

AND IT IS FURTHER ORDERED that these proceedings stand adjourned for the consideration of the report until the ……………………………………………. day of …………………………………, 19……….., at the hour of …………………….. in the ………………… noon, or if the time for filing the report be enlarged, to such later day as may hereafter be fixed.

————–

 

FORM F

NOTICE TO PRODUCE DOCUMENTS AT HEARING

(General Title – Form A)

TAKE NOTICE that you are hereby required to produce and show to the court on the hearing of this action (or matter) all books, papers, letters, copies of letters, and other writings and documents in your custody, possession, or power, containing any entry, memorandum or minute relating to the matters in question in this action (or matter) and particularly (Speciify them).

————-

FORM G

ORDER OF FORFEITURE FOR NON-ATTENDANCE OF WITNESS OR FOR WITNESS REFUSING TO BE SWORN OR GIVE EVIDENCE

(General Title – Form A)

WHEREAS ………………………………………… of …………………………….. was duly summoned to appear as a witness in this action at a court holden on the ……………………………………………………………………….. day of ……………………………………….., 19 ………………, and at the time of being so summoned, was paid (or tendered) his travelling expenses and compensation for loss of time according to the scale of allowances prescribed by the rules of court.

AND WHEREAS he has refused or neglected without sufficient cause shown to appear at the court (or to produce (describe what he was required by the summons and bound to produce).

OR WHEREAS he has refused (to be sworn) or (to give evidence):

OR WHEREAS ………………………………………………..of………………………………..being this day present in court, and being required by the court to give evidence in this action refused to be sworn (or to give evidence).

IT IS HEREBY ORDERED that the said …………………………………… do forfeit a sum of £ : : for such refusal or neglect.

AND IT IS ORDERED that the said ……………………………………….. do pay the sum of £ …………………………… to the registrar of this court on the ………………… day of ………………………., 19….

DATED THIS ………………………. day of…………………………………………., 19…………..

………………………………………………

District Judge

———————-

 

FORM H

NOTICE TO SHOW CAUSE WHY FORFEIT SHOULD NOT BE ORDERED

 

TAKE NOTICE that if you have any cause to show why you should not be required to pay a forfeit under section 53 of the District Courts Law for your non-attendance as a witness summoned to attend this court this day you may show such cause in person or by affidavit or otherwise at the sitting of this court at ……………………………….. on the day of …………………………….., 19……………….., at the hour of …………………………………………………….. in the ……………………………….. noon.

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FORM I

APPLICATION TO OBTAIN ORDER TO BRING UP PRISONER TO GIVE EVIDENCE

I, …………………………………………………………………………………..of…………………………………. the plaintiff (or defendant) state as follows –

1. That the above claim is appointed to be heard at this court on the …………………….. day of ………………………………………………, 19 …………, and that ………………………….. now a prisoner confined in ………………………. prison, will be a material witness for me at the said hearing.
2. That I (am advised and) verily believe that I cannot safely proceed to the hearing of the said action without the testimony of the said ………………………………………………

AND I HEREBY MAKE APPLICATION to His Worship the District Judge of this Court for an order under section 54 of the District Courts Law that the said ………………………………… may be brought before this court to be examined as a witness on my behalf.

………………………………………

Applicant

—————-

 

FORM J

ORDER TO BRING UP PRISONER TO GIVE EVIDENCE

(General Title – Form A)

To (Offer who has custody of prisoner)

WHEREAS the ……………………… has made application to me, for the order under section 54 of the District Courts Law to bring up before this court ……………………………… who it is said is detained as a prisoner in your custody, to be examined as a witness on behalf of the said ………………………………….. in the above action:

YOU ARE THEREFORE, by this order issued pursuant to the said section, required upon tender made to you of a reasonable sum for the conveyance and maintenance of a proper officer or officers, and of the said ……………………………………. in going to, remaining at, and returning back from this court, to bring the said ………………………………. before this court at ……………………….on…………………….the ……………day of………………………….., 19………., at the hour of …………………. in the ……………… noon, then and there to be examined as a witness on behalf of the said ………………………………………… and immediately after the said ………………………………. shall have given his testimony before this court, you are required safely to conduct him the said …………………………………., to the place from which he shall have been brought under this order.

DATED this …………………………day of………………………………………………, 19………………..

…………………………………….

District Judge

 

FORM K

JUDGMENT FOR PLAINTIFF (SINGLE PAYMENT)

(General Title – Form A)

IT IS ADJOURNED, that the plaintiff do recover against the defendant the sum of … … … … … £ : : for debt (or damages) and costs … …

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… … £ : amounting together to the sum of … … … … £ ; ;

And the defendant having paid the sum of £ : : into court (or to the plaintiff)

IT IS ORDERED that the defendant do pay the sum of £ : : to the registrar of this court to the ………………… day of …………………………….., 19…………………

—————-

 

FORM L

JUDGMENT WHERE COUNTERCLAIM HAS BEEN MADE

(General Title – Form A)

IT IS ADJUDGED that the plaintiff in this action do recover against the defendant the sum of of … ….. … £ : : for debt (or damages) and costs … … … … £ : amounting together to the sum of … … … … £ ; ;

(or that judgment be entered for the defendant (or that a non suit be entered) in this action, and that the plaintiff do pay the sum of £ : : for the defendant’s costs).

AND IT IS FURTHER ADJUDGED that the defendant do recover on this counterclaim against the plaintiff the sum of … … …. …. …. …. …. £ : :

For debts (or damages) and costs …. … … … … £ : :

Amounting together to the sum of … … … … … £ : :

(or that judgment be entered for the plaintiff on the defendant’s counterclaim (or that the counterclaim be struck out) and that the defendant do pay the sum of £ : : for the plaintiff’s costs of the said counterclaim).

(If the same party succeeds both in the action and on the counterclaim proceed as follows) and it is ordered that ……………………………………………………

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do pay to the registrar of this court the sum of £ : : , being the total amount adjudged against him as aforesaid in this action.

(Or if one party succeeds in the action and the other on the counterclaim proceed as follows) and it is ordered that the ………………………………… do pay to the registrar of this court the sum of £ : : , being the balance in favour of ………………………………….. after deducting the amount adjudged to the …………………………………….. as aforesaid.

AND IT IS ORDERED that the sum be so paid on the ……………………. day of ……………………………………, 19…………., or by instalments of £ : : for every …………………………..; the first instalment to be paid on the ……………….. day of ……………………………………., 19 ………….

In case default be made in payment of any instalment, according to this order, execution or successive executions may issue for the whole of the said sum and costs them remaining unpaid or for such portion thereof as the court shall order.

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FROM M

JUDGMENT FOR DELIVERY OF GOODS

(General title – Form A)

IT IS ADJOURNED that the plaintiff do recover against the defendant the following goods of the plaintiff wrongfully detained by the defendant; that is to say (specify the goods which the court decides have been detained) of the value of £ : : (and also the sum of £ : : for damages for the detention of the said goods) and the sum of £ : : for costs.

AND IT IS ORDERED that the defendant do return the said goods to the plaintiff, or do pay the said sum of £ : : their value to the registrar of this court on the …………………….. day of …………………………………….., 19 ………….

(If the District Judge makes an order for the return of the goods without giving the defendant the option of paying their value, omit the last proceeding paragraph and substitute).

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AND IT IS ORDERED that the defendant do return the said goods to the plaintiff on the ………………. day of …………………………….., 19 ………….., and that in default thereof a warrant of delivery do issue.

AND IT IS FURTHER ORDERED that the defendant do pay the said sum of (£ : : damages and the said sum of) £ : : for costs to the registrar of this court on the ……………………………… day of ……………………………………….., 19……………

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FORM N

JUDGMENT FOR PLAINTIFF (PAYMENT BY INSTALMENTS)

(General Title – Form A)

IT IS ADJOURNED that the plaintiff do recover against the defendant of the sum … … …… £ : for debt (or damages) and costs …. … … … … £ ; ;

Amounting together to the sum of … … … … … £ ; :

(And the defendant having paid the sum of £ : : into court (or to the plaintiff)

IT IS ORDERED that the defendant do pay the sum of £ : : to the registrar of this court by instalments of ……… for every ………………………. the first instalment to be paid on the ………….. day of ………………………………………….., 19………………

IN CASE DEFAULT is made in payment of any instalment according to this order, execution or successive executions may issue for the whole of the said sum and costs then remaining unpaid, or for such portion thereof as the court shall order.

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FORM O

NOTICE OF PAYMENT INTO COURT UNDER JUDGMENT OR OTHER

(General Title – Form A)

I HEREBY GIVE YOU NOTICE that the defendant (or garnishee) has paid into court the sum of £ : : under the judgment (or order) obtained by you against him therein.

(Note – When applying for the above amount you must produce the plaint note issued to you on the entry of the plaint).

 

 

 

FORM P

APPLICATION FOR NEW ORDER

(General Title – Form A)

I HEREBY APPLY to the court for an order that the amount due and unpaid upon the judgment (or order) in the action be paid by instalments of …………………………. for every …………………………….

DATED this ……………….. day of ………………………………., 19 ………………..

 

…………………………………………………………

Plaintiff or Plaintiff’s Solicitor or

Defendant or Defendant’s Solicitor

 

Date of judgment (or order)	How payment ordered	Amount of debt and costs £ s. d.	Amount remaining due £ s. d.

 

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FORM Q

NEW ORDER

(General Title – Form A)

WHEREAS the plaintiff obtained a judgment (or an order) against the defendant in this court on the …………………………… day of ……………………………….., 19…………., for the payment of £ : : together with £ : : for costs, and in payment thereof *or of £ : : part thereof) the defendant has made default:

UPON THE APPLICATION of the plaintiff (or defendant) it is ordered that the defendant do pay the amount still due under the said judgment (or order), as stated at the foot of this order, to the registrar of this court, by instalments of £ : : for every ……………………………………. the first payment to be made on the …………….day of ……………………….., 19 …………………

…………………………………….

District Judge

Amount remaining due on judgment (or order) £ : :

Unsatisfied costs of execution not included above and not payable out of moneys paid into court except under an execution against the goods of the defendant.

In case default be made in payment of any instalment according to this order, execution or successive executions may issue for the whole of the said sum and costs then remaining unpaid, or for such portion thereof as the court shall order.

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FORM R

ORDER SUSPENDING JUGMENT, ORDER EXECUTION OR ORDER OF COMMITMENT OR FOR DISCHARGE OF DEBTOR

(General Title – Form A)

ON THE APPLICATION of …………………………………………………………….. and the court being satisfied that the defendant is unable to pay and discharge the sum recovered against him in this action (or the instalments due under the judgment (or order) in this action).

IT IS ORDERED that the said judgment (or order) be suspended (or that the execution issued in this action be suspended) (or that the order of commitment made in this action be suspended) for (state time) ……………………. upon the terms following, namely: state terms …………………………………………. or that the defendant be discharged from custody under the order of commitment issued in this action upon the terms following, namely: state terms, including, if so ordered, liability to re-arrest if the terms are not complied with).

 

FORM S

JUDGMENT FOR DEFENDANT, OR NONSUIT

(General Title – Form A)

Upon the trial of this action at a court holden this day, it is adjudged that judgment by entered for the defendant (or that a nonsuit be entered) and that the plaintiff do pay the sum of £ : : for the defendant’s costs.

AND IT IS ORDERED that the plaintiff do pay the same to the registrar of this Court, on the ……………. day of …………………………………….., 19 ………………., the said sum and costs then remaining unpaid, or for such portion thereof as the court shall order.

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FORM T

NOTICE OF APPLICATION FOR A NEW TRIAL

(General Title – Form A)

TAKE NOTICE that I intend to apply to the District Judge of this court at ……………………………………. on ……………………………… the

91

……………………………….day of…………………………in the …………………… noon for an order that the judgment in this action and all subsequent proceedings thereon be set aside and a new trial be had between the parties. The grounds of the application are …………………………………………………. as the case may be.

DATED this ……………… day of ………………………………………………, 19…………..

……………………………………..

Applicant

To the Registrar of the Court and to the defendant (or plaintiff)

 

FORM U

ORDER FOR NEW TRIAL

(General Title – Form A)

On the application of the ………………………………………………………………………………………………………..

IT IS ORDERED that upon (here set out the terms and conditions upon which the order is made) the judgment in this action, and all subsequent proceedings thereon, be set aside and a new trial had between the parties on ………………………….. the ……………………………day of……………………………, 19…………. at the hour of……………………….in the ………………………………. noon.

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PART V

ORDER FOR TRANSFER OF PROCEEDINGS PURSUANT TO SECTION 31 OF THE DISTRICT COURTS LAW

(General Title – Form A)

IT IS ORDERED that the above action be transferred to the ………………………… native Court.

………………………………………

District Judge

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FORM W

NOTICE OF DAY OF HEARING BY COURT TO WHICH ACTION HAS BEEN TRANSFERRED

(General Title – Form A)

TAKE NOTICE that the above action (or matter) has been transferred to this court and will be heard at ……………………………………… on …………………………………………………….. the ……………………………… day of ………………………………………….., 19………….., at the hour of ……………………………… in the …………………………………….. noon.

……………………………………..

Registrar

 

SECOND SCHEDULE

PART 1 – FEES: GENERAL

Commencement of Causes and Matters

1. For the recovery of a specified sum – £        s.       d.
2. Not exceeding £5 … … … … 0        7        6
3. Exceeding £5 but not £10 … … ….                          0        12      6
4. Exceeding £10 but not £25 … … …                           1        0        0
5. Exceeding £25 but not £50 … … …                           1        10      0
6. Exceeding £50: per £50 or part thereof …               1        15      0
7. For possession of property, as between landlord and tenant; at the rates under Item 1 reckoned on the annual rent on value.
8. For the appointment of a guardian ad litem …..    0        7        6
9. For an injunction or order to stay waste or alienation or for the detention and preservation of any subject of a suit, or to restrain breach of contract or tort, if an ancillary claim in the suit: three-fifths of the fee payable on the claim, but not Exceeding ……………… …………….. ……….                    1        17
10. For any other relief or assistance not specially provided For ………… ……. 1 15           0

Notes on items 1-5_______

(a)     Item 1.__ the sum claimed debt or damages shall be specified.

(b)     Item 2____ the annual rent or value to be specified shall be that which is payable under the lease granted to the tenant sued or the lease last granted to any person before the b ringing of the action, whichever be the greater. If it is something other than money, whether wholly or in part, its nature and annual value shall be specified. If the annual rent or value was under – stated the court may order the balance of the fee chargeable to be paid, and if it was under – stated knowingly or negligently, the court may also order to sum equal to such balance to be paid as penalty. In either case the court may balance and penalty (if any ) are paid.

(c) General_____________

(i)      Where two or more claims are joined the highest fee under any relevant. Item shall be charged and in addition thre    e fifths of the fee under any other: provided however that no reduction shall be made in the fee chargeable under item 4:

(ii)     A set-off or counterclaim shall be charged as if action therefore were taken:

(iii)    If before the hearing begins the claim are admitted or settled, the court may order two-fifths of the fees charged under items 1 to 5 to be refunded;

(iv)    Where a case is adjourned through a party’s fault, such party may be ordered to pay three-fifths of the fees charged under items 1 to 5 before the case is set down again;

(v)     Paragraph (iv) shall apply to the setting down of a case which was struck out or to the reopening of a case in which judgement was given by default.

Applications, Affidavits, Judgements, Orders, Security Boards,

Warrants and writs

£ s. d.

6. On application for warrant to arrest an absconding defendant or for interim attachment of property ….. …………….. ………………. 0 17 6
7. On filing any other application …….. ….. … 0 10 0
8. On filing a security board ….. ………. …….. 0 12 `6
9. On filing any other paper …. ……….. …….. 0 2 0
10. On justification of sureties: for each surety ……. 0 2 0
11. For the drawing up of any order or judgment …….. 0 7 6
12. For the issue of a warrant to detain an absconding

Defendant ……….. …………….. ……… 0 15 0

Miscellaneous services

£ s. d.

13. For a special interpreter of a language not in common

Use: per day or part thereof as the may order but not

Exceeding ……….. ……………… ………… 1 15 0

14. For an inquiry by a court officer where so order

Each sitting ……… …………….. ……………. 2 0 0

15. For an account taken by a court officer where so

Ordered: per £50 or part thereof found to have been received: 0 10 0

£ s. d.

16. For taking down a person’s statement where

Ordered so the court may direct but not exceeding … 0 15 0

17. For searching the archives: for each period or

Part thereof … … … … … 0 7 6

18. For drawing up a bill of costs where so directed:

Per folio of seventy-two works … … 0 1 0

19. For taking costs where so ordered: per £5 or

Part thereof … … … … … 0 7 6

20. For preparing a copy where authorised: folio

Of seventy-two words … … … … 0 0 8

21. For every subpoena … … … … 0 5 0
22. On warrant for prisoner to give evidence … 0 5 0
23. For attesting the execution or signature of

An instrument (other than an agreement under the

Labour Code Act or any instrument regarding

Payment of a Government pension) not otherwise

Provided for … … … … … 0 5 0

24. For swearing an affidavit or making a declaration

(other than under Section 20 of the Auctioneers

Law or the Marriage Act or one required by the

Regulations of a Government Department),

Per deponent … … … … … 0 5 0

25. For making any paper annexed to an affidavit

Or declaration … … … … … 0 2

26. For sealing any document not in a proceeding … 0 15 0
27. For certifying a copy as a true copy; per folio of

Seventy-two words or part thereof … … 0 0 8

28. For payment into court (except when ordered

By the court or proceeds of execution) –

(a) Not exceeding £50: per £10 or part thereof … 0 2 0

(b) Exceeding £50: per £50 or part thereof … 1 5 0

29. On every petition to a District Judge or his registrar

(not being an application otherwise provided for)

Unless waived by the District Court … … 0 3 0

30. For the service of any document or process –

Initial fee (plus mileage) – … … … 0 2 0

(a) If within an English mile from the court … 0 2 0

(b) If beyond one mile but not beyond five –

(i) For the first mile … … … 0 2 0

(ii) For every subsequent mile or part thereof

(one way) … … … … 0 1 0

(c) If beyond five miles: per day or part thereof of

The time needed for travelling … … 0 6 0

Notes – Where an officer serves more than one document or write on the same route one mileage rate only is to be charged, and apportioned upon the documents or writs.

Where the sheriff, deputy or a register executes any duty in person by direction of the court he is entitled, instead of mileage fees to his actual expenses and such travelling allowances as the court may allow.

When a service is rendered by a person who is not an officer of the court or in the service of the Government or of a native authority or native tribunal the court may direct that the fee paid for such service be paid out of revenue to the person who has rendered the service.

In addition to the above fees, the party on whose behalf such services are to be performed shall be liable to pay such expenses of transport as the court may think reasonable.

For the performing of any other duty not herein expressly provided the officer may receive such fee as the court may allow.

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PART 2 – ALLOWANCES TO WITNESSES

Per diem                                                      £ s. d.

Professional men, mercantile agents, bank managers, chiefs, surveyors, and any officer of the public service whose salary is not less than £1,000 a year … … .. 1 10 0

Merchants, mercantile assistants and officers in the public service whose salary is £500 but less than £1,000 –

From … …. … 0 15 0 To … … …… 1 10 0

Auctioners, master tradesmen, pilots, clerks and the like – From … … … 0 7 6 To … …… … 0 15 0

Officers or employees in the public service whose salary is less than £500 –

From … … … … 0 2 0 To… … … … 0 15 0

Artisans, journeymen, and the like … … … … … 0 4 0

Servants, labourers, canoemen and the like … … … … 0 2 0

Women, according to station – From … … …. 0 1 0 To… … … … … … 1 10 0

Notes – The travelling expenses of witnesses shall be allowed according to the sums reasonably and actually paid.

No allowance, other than those authorized by the General Orders, is made to an officer of the public service who is summoned as a witness by a state or by any department of the Government. In all other cases he is allowed costs and travelling expenses as if he were not in the public service.

Fees, costs and expenses payable to an officer in the public service shall be paid into revenue unless otherwise ordered.

The court shall have the authority to disallow in proper cases the payment of any of the allowances to witnesses aforesaid.

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PART 3 – FEES PAYABLE IN APPEALS FROM THE DISTRICT COURTS

1. On an application under subsection (2) of section 73 of the Law or on filing a notice of appeal the same fee as is chargeable on the summons on commencement of the suit to which the application or appeal relates.
2. In respect of any other matter or service the following fees shall be paid –

(a)     Where the matter or service is to be done or rendered in the District Court the same fees as would be payable if the case were still pending before that court.

(b)     Where the matter or service is to be done or rendered in the High court the same fees as are payable in a case pending before this court subject to this qualification, namely, that where various fees are provided for the same matter or service the lowest rate shall be charged

 

      Find other laws of Nasarawa State, Nigeria HERE

 

 

LAWS OF THE FEDERATION OF NIGERIA